AND THE 



NATION 



CHANDLER— CHERNY 









(lass rlff& 

Book 



Copyright^ . 



f\ >•*"*"*" 



COPYRIGHT DEPOSIT; 



IOWA 
AND THE NATION 



BY 

GEORGE ^HANDLER 

Attorney at Law 



AND 



JOHN L. QHERNY 

Superintendent of Schools 
Independence, Iowa 



A. FLANAGAN COMPANY 
CHICAGO 






COPYRIGHT, 1915, BY A. FLANAGAN COMPANY 



SEP 22 1915 
©CI.A410589 



PREFACE 

This book has been written to answer a demand for a 
single text on state and national government. The increas- 
ing interest shown in the sudy of civil government is proof 
that the people are thinking and studying about governmental 
affairs as never before. 

The statements of fact in some parts of the book are 
necessarily brief. To supplement the work in the study of 
Iowa government, constant reference should be made to the 
code, and also to the session laws of the general assembly. 
Many valuable public documents, for use in supplementary 
work, may be had, free of charge, by applying to the officers 
who have the care of the work upon which the information 
is desired. 

A knowledge of the facts of civil government will not in 
itself result in good citizenship. If, as is so often stated, 
the primary object of the public schools is to train for 
citizenship, the work is but poorly done that does not have 
for its foundation the formation of right habits of thought 
and action, and the development of noble manhood and 
womanhood. 

George Chandler. 



EDITOR'S PREFACE 

In assuming the joint authorship of Iowa and the 
Nation the writer feels that a sane and practical text in 
civics ought to give due emphasis to government as a liv- 
ing organism. Citizenship demands a knowledge of the 
principles of government. Many changes are made from 
time to time in the form and structure of our govern- 
ments ; consequently, young people must not only acquire 
patriotic impulses and high ideals of citizenship, but in a 
government "by the people" they must have an intimate 
knowledge of the machinery and structure of the govern- 
ment under which they live, in order to make the changes 
with intelligence. 

The new Iowa and the Nation contains a list of ques- 
tions and suggestions at the close of each chapter. Many 
of the questions are meant to elaborate the text and to 
provoke discussion and investigation of a great many sub- 
jects of community interest. The energetic teacher will 
not only make use of these but will further vitalize the 
subject by organizing the class as The Board of Super- 
visors, The City Council, A Town Caucus and for holding 
a township election ; she will have pupils bring to class for 
study public documents, town warrants, reports of the pro- 
ceedings of supervisors and legal forms of various kinds. 
These and many other practices, such as visiting a session of 
the district court, the city council and other public meetings 
make the study concrete and of immense practical value. 

Independence, Iowa. John L. Cherny. 



CONTENTS 

PART I 
LOCAL GOVERNMENT 

CHAPTER PAGE 

I The Need of Government 1 

II The Land Survey System 2 

III The Civil Township 12 

IV Cities and Incorporated Towns 23 

V The County 32 

VI Taxation 50 

VII Education 58 

PART II 

STATE GOVERNMENT 

I Iowa 79 

II State Government 90 

III Legislative Department 106 

IV The Executive Department 122 

V The Judicial Department 145 

VI State Institutions 158 

VII Miscellaneous Matters 164 

PART III 

THE NATION 

I Forms of Government 177 

II Origin of United States Government 180 

III Preamble 186 

IV Legislative Branch 189 



CONTENTS 
CHAPTER PAGE 

V Powers of Congress 217 

VI Prohibitions 242 

VII The Executive Branch 249 

VIII The Judicial Department 271 

IX Relations of States 283 

X Amendments to the Constitution 290 

XI Constitution, General Provisions 305 

APPENDIX 

I Constitution of Iowa 309 

II Constitution of the United States 342 



ILLUSTRATIONS 

Capitol, Des Moines Frontispiece 

Rural Schoolhouses 66 

East High School, Des Moines 67 

Old Capitol, Iowa City 84 

State University 85 

Iowa State College 164 

State Teachers College 165 

Capitol, United States 177 

White House 260 

United States Treasury 261 



MAPS OF IOWA 

Counties and Representative Districts 107 

Senatorial Districts 110 

Judicial Districts 148 

Congressional Districts 172 



IOWA AND THE NATION 

PART I 



LOCAL GOVERNMENT 

CHAPTER I 

THE NEED OF GOVERNMENT 

The Individual and Society. Every boy thinks that 
he would like to have the experience of Robinson Crusoe 
and live on an island all by himself, but it is safe to pre- 
sume that he would soon become tired of such a lonely 
life, and would desire to return to his home and his play- 
mates. On his island he would miss many of the con- 
veniences of his home, and he would be compelled to do 
without many things that he had always thought necessary 
to his existence. To be sure, on the island he can do just 
as he pleases, because his acts will not interfere with any- 
one's rights or privileges, but his desire for companionship 
is stronger than his desire to do as he pleases at all 
times, and he returns home. 

Wherever two or more people unite for any purpose 
such as playing a game of ball, digging a ditch or building 
a house, they must agree to follow certain rules or plans, 
and in most cases, one of the number must act as the 
leader. That is, the little group is organized into a society. 
The rules by which they are governed are their laws, and 

1 



2 IOWA AND THE NATION 

the one whom they select for leader sees that all ohey the 
laws. What this group of a few individuals does on a small 
scale society does on a large scale. 

Necessity for Cooperation. Without organization 
society could not exist. Did you ever stop to consider how 
dependent the people of the village, city or school district 
in which you live are upon each other? What would you 
do were there no carpenters, merchants, shoemakers or 
doctors in your town? or what would all these people do if 
there were no farmers? Again, suppose all the railroads 
should stop running trains. Can you imagine the incon- 
veniences you would suffer? 

Thus we see that every member of society is dependent 
upon every other member. Society is like a great machine — 
if one part is out of order every part suffers. So in the 
world about us, every one has a duty to perform toward 
others. If every one were to follow his own inclination or 
his own selfish interest what disorder, confusion and 
anarchy would prevail! If every one were free to follow 
his own desire a thousand people might struggle for the 
possession of a single piece of land, a home, or some other 
property and the strongest would win. No one's life or 
property, and the strongest would win. No one's life or 
could be free to go about his work unmolested. Without 
cooperation and mutual helpfulness, without the sacrifice 
of selfish interests for the benefit of all citizens, every 
community would be in a constant state of riot, and society, 
in general, would be a mob. 

Necessity for Government. As we look about us we 
find the people going about their daily tasks in an orderly 
and peaceful manner, each following his own occupation 
without interfering with those of his neighbors. Moreover, 
we find communities cooperating with each other in much 
the same way that individuals work together in supplying 



THE NEED OF GOVERNMENT 3 

each other's wants in a single community. Great railroads 
cross the continent in a network of lines, and by them 
millions of people far from farms and factories are sup- 
plied with food and clothing; the mails deliver his daily 
paper to the farmer each morning ; the telephone has become 
a necessity in the country as well as in the city, and the 
parcel post makes it possible for every farmer to supply 
one or more families with his produce. 

All this is possible because men have worked out a great 
plan or scheme of cooperation. We call this plan, govern- 
ment. In other words, government is merely a plan of 
securing order so that we may go about our affairs not 
only without interference, but with convenience and com- 
fort. In order to do this effectively certain laws and rules 
are necessary, and it should be the highest aim of every 
citizen to obey these, not because those in authority say 
he must, but because good order and community, as well 
as individual, welfare are impossible without such obedience. 

Local, State and National Governments. Whenever a 
group of people" cooperate they need certain rules, differing 
according to the object sought. Boys need rules in playing 
a game of baseball ; automobile drivers need another set of 
rules, while a church congregation must observe a still 
different set. So the people living in a community need 
rules pertaining to paving streets, building sidewalks, pro- 
viding schools, caring for the poor, establishing water 
works and street lighting. These and many other matters 
pertaining to towns, cities, townships and counties con- 
cern the people directly, and the regulation of them is 
called LOCAL GOVERNMENT. There are a great many 
things, however, which the people accomplish to better 
advantage in larger groups. People of one community 
have many transactions with people of other communities, 
and so we must have rules concerning buying and selling 



4 IOWA AND THE NATION 

property, payment of debts, regulation of marriages and 
thousands of other affairs regarding persons and property, 
which concern the people alike in all communities. Control 
of these matters is called STATE GOVERNMENT. Our 
country is made up of forty-eight states, and, if there 
were not a still different set of rules, we would have 
a great deal of confusion. We would have forty-eight 
different kinds of money, forty-eight post office systems 
with as many different kinds of stamps, and forty-eight 
different sets of regulations for railroads and interstate 
business. Uniformity in such matters and in the dealings 
of our country with foreign nations is necessary, and so, 
for this purpose, we have a NATIONAL GOVERNMENT. 
The Study of Government. AVhen boys and girls play 
games they must be willing to " play fair," and in order to 
do this they must know the rules of the game, and if they 
are to be patriotic citizens they must not only be loyal to 
the government, but must know the "rules." These "rules" 
are the constitutions and laws which give us the form of 
organization of our local, state and national governments. 
We shall study all three of these in their relation to us, and 
shall learn how to cooperate in " playing the game " of citi- 
zenship. As we do this, we shall discover how these three 
agencies are contributing to our happiness every day in pro- 
viding for our health, protecting our lives and property, sur- 
rounding us with opportunities for education, beautifying 
our communities, encouraging our business enterprises, pro- 
viding for the poor and unfortunate, and adding to our 
comfort and convenience in a thousand ways. 

QUESTIONS AND SUGGESTIONS 

1. Why may not every pupil do as he pleases in school? 
What is the relation of an individual to society? What is 
cooperation? 



THE NEED OF GOVERNMENT 5 

2. Why are rules necessary in playing a game ? Why is 
government necessary? 

3. To what three governments are we responsible? 
Name some things that each of these governments provides 
for us. Why do we have local boards of health, state 
pure food laws and national pure food laws? 

4. Name as many ways as you can by which govern- 
ments protect our lives and property. 

5. What duty do pupils owe to their school? What 
duty do they owe the community which provides the 

school ? 



CHAPTER II 
THE LAND SURVEY SYSTEM 

Congressional Survey. We have learned that one of 
the services performed by government is to protect us in 
the right to hold property. If you own some land and 
some one claims that it belongs to him, you can prove that 
the land belongs to you by producing your deed. This deed 
will show that the land came into your possession law- 
fully, and it will describe the land in such a way that it 
cannot possibly be mistaken for any other land in the 
country. This description can be made as easily and in 
much the same manner as you would explain to a stranger 
which seat in the school room you occupy. You might 
explain that you sit in the third row from the north wall 
and in the fourth seat from the front. There is only one 
seat in the room that corresponds to this description. In 
1785 Congress provided a system of surveys for locating 
land which is similar to the plan of locating your seat. 

This system is known as the Congressional Survey. By 
it all government land that has been surveyed is divided 
into plots six miles square, and each of these plots is again 
divided and subdivided. The lines upon which these large 
divisions are based are known as principal meridians, range 
lines, base lines and township lines. 

Principal Meridians and Base Lines. Before com- 
mencing the survey proper, it is necessary to establish two 
main lines, one extending north and south and the other 
east and west. These lines are purely arbitrary and they 

6 



THE LAND SURVEY SYSTEM 7 

are located without special reference to any other lines 
of the same kind that may have been surveyed before. 
The lines extending north and south and from which the 















I 


» 














G 




























3- ' 


1 1 


























' 


































c 
























1 


























^ 






-L/ 






















































































X 










1 


r> 






























h 








































t 


























































C 






























L 






















i 














































































1 1 


























1 


1 1 



M M 

Figure 1 
This figure shows a portion of a principal meridian, a portion of 
a base line, and township and range lines. Correction lines are 
marked C L. 



survey is made are called principal meridians, and those 
extending east and west are called base lines. The principal 
meridians are numbered westward and a separate base line 
is established for each. 

The principal meridians and base lines are long distances 
apart, but lines parallel with the meridians and base lines 



8 



IOWA AND THE NATION 



respectively are surveyed six miles apart, thus dividing 
the land into townships six miles square. The lines parallel 
with the base lines are called township lines, and those 
parallel with the principal meridians are called range lines. 
Survey in Iowa. The fifth principal meridian forms 
the basis of the United States land survey in Iowa. It 
extends due north from the mouth of the Arkansas River, 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


13 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



Figure 2 
Figure 2 shows how a township is divided into sections. 



crosses Missouri and the eastern part of Iowa, and passes 
out of the state at a point between Clayton and Dubuque 
counties. The base line extends due west from the mouth 
of the St. Francis River in Arkansas, and crosses the 
principal meridian forty-eight miles north of its starting 
point. By surveying lines six miles apart parallel with the 
base line, and others the same distance apart parallel with 
the principal meridian, the land lying north and west of 
the point of intersection of the main lines is divided into 
blocks six miles square. Each of these blocks is called a 
congressional township. 

Townships and Ranges. To locate land by this system 



THE LAND SURVEY SYSTEM 9 

of surveys two sets of numbers are used, one designat- 
ing the townships north of the base line, and the other 
the townships west of the fifth principal meridian. Land 
may also be surveyed south from the base line and east 
from the principal meridian. For convenience the tiers of 
townships east or west of the principal meridian are called 
ranges, and those north or south of the base line are called 



M 


H 


H 


& 


* 



Figure 3 

Figure 3 shows the divisions of a section. Suppose this is Section 
15 of Township 5, Range 3 west of the 5th principal meridian, the 
description of these subdivisions will be as follows: 

N. y 2 of Section 15, T. 5 N., R. 3 W., 5th P. M. 

S. W. y 2 of S. y 2 of Section 15, T. 5 N., R. 3 W., 5th P. M. 

S. W. y 2 of S. y 2 of S. W. y of Section 15, T. 5 N., R. 3 W., 
5th P. M. 

How manv acres in each section ? 



townships. All the land in Iowa is surveyed from the 
fifth principal meridian. 

In the diagram the heavy vertical line marked P M repre- 
sents a part of the principal meridian. It is crossed at right 
angles by a heavy line marked B L representing a part of 
its base line. The light vertical lines crossing the base line 
and parallel to the principal meridian are range lines, and 



10 



IOWA AND THE NATION 



those parallel to the base line are township lines. The 
squares inclosed represent congressional townships. The 
townships are numbered northward and southward from the 
base line, and the ranges, eastward and westward from the 
principal meridian. 

The Congressional Township. The congressional 
township is important only in connection with our system 



i t 



Figure 4 
Figure 4 shows the subdivisions of a section without markings. 
You should describe each subdivision according to the plan given 
under Figure 3. 



of locating land. It is a tract of land six miles square, 
divided into thirty-six square miles, or sections which are 
subdivided into half-sections, quarter-sections, etc., as shown 
in the diagrams. 

Correction Lines. Owing to the convergence of meri- 
dians in passing northward, it has been found necessary to 
establish secondary lines parallel with the base line. These 
are called correction lines, and there are four of them in 
Iowa. They are the northern and the southern boundaries 



THE LAND SURVEY SYSTEM 11 

of the state and the northern boundaries of townships 
seventy-eight and eighty-eight north. 

QUESTIONS AND SUGGESTIONS 

1. Give the location by township and range of the city 
in which you live, or of the farm on which you live. Locate 
in the same manner two other towns in your county. 

2. Draw a map of your county indicating all the con- 
gressional townships. 

3. Locate an eighty-acre farm on this map, and write 
the description which would appear in the deed if you 
were to sell it. 

4. Make a diagram showing why correction lines are 
necessary. 

5. Explain or show by diagram the exact way in 
which sections are numbered. 

6. What is meant by (a) base line, (b) principal 
meridian ? 

7. What are the advantages of having sections laid out 
in the form of squares? Why are there jogs at certain 
corners in country roads? Are these jogs in north and 
south roads or in east and west roads ? Why ? 

8. Draw a section and divide it into as many regular 
forty-acre tracts as possible, and write the description of 
each. 



CHAPTER III 

THE CIVIL TOWNSHIP 

Civil Township. We have learned that the con- 
gressional township is merely a tract of land six miles 
square, and that it was created for the purpose of locating 
land. The civil township, on the other hand, is the unit or 
basis in local government. Every county is divided into 
several civil townships, and each township is named. 

Township names were given by the early settlers, and 
often in honor of some prominent member of the first com- 
pany of settlers that entered the township. Many counties 
in Iowa were settled about the time the Civil War 
began, and in those counties such names as Lincoln, Doug- 
las, Liberty and Union are common. The boundaries of a 
civil township may be the same as those of a congressional 
township, but very often a civil township is formed from 
parts of two or more congressional townships. This often 
occurs when the congressional township is divided by a 
river. The early settlers established the civil townships to 
suit their own convenience, and in some counties but few 
of them have the same boundaries as the congressional 
townships. 

To the people of Iowa, the civil township is a very 
important division. Comparatively few state and county 
officers are needed, but there is scarcely a county in the state 
that does not have at least 400 officers whose duties are 
confined to the civil township. A large part of all the 
money raised by taxation is expended in the township under 
the direction of its civil and school officers. 

12 



THE CIVIL TOWNSHIP 13 

The civil township is nearly a pure democracy, that is, a 
government carried on by the people directly, rather than 
through their representatives. It is in the township that 
"a government of the people, by the people, and for the 
people" exists in its truest sense. It is here that the people 
meet at stated times to determine how their local govern- 
ment shall be carried on. 

Activities of Township Government. The activities or 
functions of a township government in Iowa include : 

1. Holding elections 

2. Repairing highways 

3. Listing property for taxation 

4. Equalizing taxes 

5. Relief of the poor 

6. " Caring for township property 

7. Protection of public health 

8. Protection of persons and property. 

Township Officers. The officers of a civil township 
are : 

3 trustees 
1 clerk 

1 assessor 

2 justices of the peace 
2 constables 

These officers are elected by the people and serve two 
years. A fine of five dollars is imposed upon any one who, 
having been elected to a township office, refuses to serve, 
but no one can be compelled to serve two terms in succession. 

Township Elections. The biennial election law pro- 
vides that all general elections for state, district, county 
and township officers shall be held throughout the state on 
Tuesday after the first Monday in November of each even- 



14 IOWA AND THE NATION 

numbered year. The trustees decide upon the place of 
holding the township election, and the clerk gives public 
notice of the time and place. The election board, composed 
of the trustees, acting as judges, and two clerks, one of 
whom is the township clerk, conduct the election. 

It is their duty to see that the election is fairly carried 
on, and, in doing so, they may challenge any voter for 
cause, and require him to prove that he is qualified to vote. 

They make a list of all the voters in the township and 
register the names of those who cast a ballot. At the 
close of the balloting the election board count the votes 
and declare which township officers are elected, but they 
report the result of the vote in their township for county, 
state and other officers to the county supervisors. 

Contested Elections. If the defeated candidate has good 
cause to believe that the election was unfairly conducted, 
he may contest the election and have the ballots recounted. 
For this reason, the township clerk is required to keep the 
ballots until the time for contesting the election has elapsed, 
after which he sends them to the county auditor. 

Trustees. The township trustees have many important 
duties to perform. They decide upon the place of hold- 
ing elections, equalize taxes, and have charge of all ceme- 
teries not controlled by other trustees, or by religious 
societies. They constitute the board of health of the town- 
ship, act as fence viewers, overseers of the poor, and judges 
of election. The three trustees are chosen at each general 
election for a term of two years. 

The regular meetings of the trustees are held on the 
first Monday in February, April and November of each 
year. At the April meeting they estimate the amount of 
property tax to be used in improving highways and pur- 
chasing plows, scrapers, and material for building and 
repairing bridges. With the exception of listing property 



THE CIVIL TOWNSHIP 15 

for taxation they have charge of all the activities of the 
township government. 

Public Highways and Property. The trustees have 
charge of all the public property in the township. They 
are custodians of buildings or lands belonging to the town- 
ship, and have charge of cemeteries which are not under 
the supervision of some private society. There is a grow- 
ing sentiment in favor of " community halls " where the 
people of the township may meet for social, educational, 
cultural, recreational and political purposes. Such halls 
would be a desirable extension of public activity and would 
do much to make rural life more attractive, not only to 
men and women, but to the thousands of boys and girls 
that are annually drawn to the cities because of their 
cravings for just such opportunities. In some states such 
community halls are part of the public property of the 
township, and there is no doubt that this movement will 
spread to Iowa. The public property, however, which at 
present demands most of the attention is the township 
roads. 

According to the present plan, work on the township 
roads is under the authority of the trustees, but they appoint 
a road superintendent or contractor to direct it. All able- 
bodied male residents of the township, between the ages of 
21 and 45, are required to perform two days' labor of eight 
hours each upon the highway annually. This may be paid 
in money if the resident prefers. In addition to this road 
poll tax, the township trustees are required to levy a road 
tax of not less than one nor more than four mills upon 
the taxable property of their township for the purpose of 
improving the highway, purchasing plows, scrapers, and 
material for repairing bridges. The Thirty-fourth General 
Assembly provided that an additional mill shall be levied 
for road-dragging purposes, and that the trustees shall 



16 IOWA AND THE NATION 

divide the township into permanent road-dragging 
districts, appoint a superintendent of roads, and cause all 
mail routes and mail-traveled roads to be dragged regu- 
larly. All three of these taxes are local, that is, they 
are borne by the people of the township. Some states have 
adopted a system of using state funds, known as " state 
aid," to assist the local units in constructing permanent 
roads. 

Importance of Good Roads. Whatever the plan adopted 
by the state for maintaining and improving the highways, 
all citizens should lend their influence in favor of good 
roads. Progressive farmers have discovered that bad roads 
are a heavier tax upon them than any amount of money 
they spend in permanent road improvement. Bad roads are 
a tax upon every load of produce hauled to market, ten miles 
of good roads being covered in less time and with less 
effort than three or four miles of poor roads. Good roads 
make better business, better social life, better schools, bind 
rural neighborhoods more closely together, increase the 
value of farm lands and are a mark of rural progress. 

Relief of the Poor. The trustees of each township are 
the overseers of the poor, and shall provide for the relief 
of such poor as should not, in their judgment, be sent 
to the county poor farm. The cost of providing for the 
poor is always borne by the county, whether they are 
cared for at the county poor farm or are supported directly 
with money, food or clothing in their homes. The poor 
are provided for at public expense only when their near 
relatives have not sufficient means to support them; and 
upon failure of relatives of sufficient wealth to provide sup- 
port, the trustees may apply to the district court for an 
order to compel them to do so. 

No persons who have served in the army or navy of the 



THE CIVIL TOWNSHIP 17 

United States, or their widows or families, requiring public 
relief, shall be sent to the poor house, when they can, 
and prefer, to be relieved to the extent provided by public 
charity. The state is especially charitable to the soldiers 
or sailors who have served in the army or navy during 
any war. Any such person, who dies without sufficient 
means to defray burial expenses, shall be buried at public 
expense, and shall not be buried in that part of a ceme- 
tery that is used exclusively for the burial of paupers. Any 
person receiving public charity must first gain a " settle- 
ment," that is, he must have lived in the county a year. A 
person who has not gained a settlement is provided for tem- 
porarily until an order is obtained from the district court 
to return him to the county or state from which he came. 
Protection of Public Health. If a township is to be a 
safe place in which to live, there must be provisions made 
for the protection of (a) health, (b) life, (c) property. 
Health is protected by proper attention to sanitation and 
to the prevention and spread of contagious diseases. The 
trustees act as the board of health for the township, and 
as such they may pass regulations concerning nuisances 
which are injurious to the health, a'nd may compel the 
removal of filth, rubbish or other insanitary accumulations 
which breed disease germs or otherwise impair the health. 
They may check the spread of contagious diseases by requir- 
ing persons to be vaccinated and by enforcing quarantine 
regulations. A great deal has been accomplished by boards 
of health, but public health can be best promoted by the 
intelligent help of private citizens. Sanitation in rural dis- 
tricts is largely a household matter. Much can be done in 
the homes in the disposal of garbage, the ventilation of 
rooms, and in cleaning and disinfecting all germ-breeding 
places. Thousands of human lives have been saved by 



18 IOWA AND THE NATION 

careful attention to sanitation. Every citizen ought to 
cooperate loyally with the board of health and with every 
other agency in the fight against disease. 

Protection of Persons and Property. Each township 
elects two justices of the peace and may elect two constables 
to preserve the peace, and protect the rights of person and 
property within its boundaries. Justices of the peace may 
try those accused of minor offenses, and civil cases in which 
the amount involved does not exceed $100. The constables 
are the messengers of the justice of the peace, and may be 
called upon to serve warrants issued by him and to summon 
witnesses. Court proceedings are described in Part II, 
Chapter V, Judicial Department. 

Clerk. The township clerk is secretary of the board of 
trustees, and it is his duty to keep an accurate record of the 
business done at all meetings of the board of trustees. He 
acts as one of the clerks of election, has charge of the 
property of the township and receives the resignation of 
township officers. He is empowered to administer the oath 
of office to township officers. As clerk of election, it is 
his duty to preserve all the ballots cast at any election, 
together with the tally list, until the time for contesting the 
election of any officer voted for has passed. 

Election Boards. Election boards are composed of three 
judges and two clerks, and the law provides that a division 
of the members shall be so made that at least two political 
parties shall be represented on the board. 

Assessor. The township assessor is required to make a 
list of all the property of the township, both personal and 
real, and to assess its value for the purpose of taxation. 
The assessor's duties are fully explained in Chapter VI, 
Taxation. 

Duties of Officers. Most of the duties of the township 
officers have been discussed as they actually occur in the 



THE CIVIL TOWNSHIP 19 

activities of the civil township government. A summary 
of their principal duties is given below for the convenience 
of the student. 
Trustees: 

1. Levy taxes for township purposes and equalize 
valuations. 

2. Act as judges of, and determine place of holding 
elections. 

3. Care for township roads, and other public property. 

4. Supervise construction of fences, and assess damages 
in case of trespass by animals. 

5. Appoint superintendent of roads, and superintendent 
of dragging, and fill vacancies in township offices. 

6. Act as board of health. 

7. Certify to county auditor list of persons eligible for 
jury service. 

Clerk: 

1. Attends meetings of trustees and keeps a record 
of their proceedings as boards of trustees, health, elec- 
tion, etc. 

2. Makes a list of men who are to pay or work a road 
poll tax. 

3. Is one of the clerks of election. 

4. Acts as treasurer for the township. 

5. Administers the oath of office to township officers. 
Assessor: 

1. Estimates the value of all taxable property in the 
township. 

2. Makes list of men between the ages of 18 and 45 who 
are subject to military duty. 

3. Takes the census, that is, makes a list of all the 
inhabitants of the township in years ending in five. 

4. Makes list of voters, and gives copy of same to the 
clerk. 



20 IOWA AND THE NATION 

Constable: 

1. Keeps the peace and quells disturbances. 

2. Acts as executive officer of justice of the peace 
courts. 

3. Makes arrests as police officers in any part of the 
county. 

4. Serves warrants, notices and all other legal papers 
if ordered by trustees, clerk, justices of the peace or county 
court. 

Justices of the Peace: 

1. May perform marriage ceremonies. 

2. Hold court for minor civil and criminal cases. 

3. Hold preliminary trials in more serious cases, and 
bind accused persons over to await the action of the grand 
jury. 

4. May acknowledge deeds and mortgages. 

5. May hold inquests over bodies of persons who are 
supposed to have met death by unlawful means. 

QUESTIONS AND SUGGESTIONS 

1. Name the civil townships in your county. 
.2. Explain the difference between the congressional 
and the civil township. 

3. What questions do you think an assessor asks when 
performing his duties? How are people required to assist 
the assessor? 

4. Is the civil township a good example of a pure 
democracy ? 

5. What is the purpose of " reviewing values "? Explain 
just what you would do if you thought your property to be 
assessed too high. 



THE CIVIL TOWNSHIP 21 

6. What is meant by general election? When is it held? 
Who specify the voting places in townships? Trace each 
step showing just how a township election is conducted. 

7. W r hat provisions are made for public charity in the 
township? What classes of people are especially provided 
for? Why? 

8. In what ways is public health safeguarded? How 
may citizens cooperate in the interests of health? 

9. What might be done by the trustees to make a town- 
ship a more attractive place in which to live ? 

10. What can be done by rural clubs of various kinds to 
improve rural social conditions? 

11. Of what value are boys' and girls' clubs? What 
training would come from organizing such clubs and 
adopting constitutions for their government? 

12. Are there good roads in your township? What can 
be done to improve them ? 

13. What are the advantages of living in the country? 
What are the disadvantages ? May these be overcome ? 

14. Secure as much information as possible concerning 
the " Country Life Movement," and discuss it in class or 
write an essay on the subject for your composition class. 

15. In what phases of rural life is there need for more 
cooperation? In what phases has voluntary cooperation 
already brought improvement? 

16. What changes in rural life have been brought about 
by each of the following: telephones, free mail delivery, 
machinery, steam and electric railroads? Have they 
increased the intelligence of the farmer ? Have they brought 
him into closer contact with other people and made him more 
like them? 



22 



IOWA AND THE NATION 



17. To what extent is the city dependent upon the coun- 
try? Why are so many city boys studying scientific agri- 
culture in colleges? 

18. Make out an outline in your note book similar to 
the one below, but on a larger scale, and fill all the blanks. 



OUTLINE FOR REVIEW OF CIVIL TOWNSHIP 
Town of , 19. 



OFFICERS 


PRESENT 

INCUMBENT 


HOW CHOSEN 


WHEN 
CHOSEN 


DUTIES 


Trustees 










Clerk 










Assessor 










Justices of 
Peace 










Constables 










Road Super- 
intendent 











CHAPTER IV 
CITIES AND INCORPORATED TOWNS 

Municipalities. We have seen that the civil township 
has but few powers, and that its activities are simple. 
This is because the needs of a rural community are few. 
However, when a large number of people have settled on 
a small area, as in Des Moines and Davenport, or in New 
York, Chicago and Boston, they need many things that 
a rural community never requires. Chief among these 
needs are an abundant supply of pure water, a sewage 
system, a system of street lighting, fire protection, regula- 
tion of traffic on the main-traveled streets, health regula- 
tions not necessary in the country, public parks and play- 
grounds and police protection. 

Moreover, the problem of caring for a large number 
of people residing in cities is much more difficult than that 
of caring for a rural community ; it is therefore necessary 
that cities and large towns have a government possessing 
greater power than that of the township. In order to 
supply this need the General Assembly of Iowa has 
enacted laws under which these large communities may 
organize and adopt a government suited to their needs. 
Such organized communities are generally known as 
municipalities. 

Incorporation of Municipalities. Whenever a com- 
munity not already within the limits of a municipality 
desires to adopt a city form of government it must become 
incorporated, which is clone in the following manner : 

23 



24 IOWA AND THE NATION 

The community desiring to be incorporated must present 
a petition to the district court signed by not less than 25 
voters residing within the limits of the community. The 
judge of this court then appoints five commissioners who 
arrange for and give notice of an election which they con- 
duct within the limits of the proposed city or town. If a 
majority of the qualified voters favor incorporation the 
court directs the same commissioners to hold another elec- 
tion for choosing a council, a mayor, a clerk and a treasurer. 

Classification of Cities. In Iowa there are three 
classes of municipalities. 

Cities of the first class contain at least 15,000 inhabi- 
tants, and those of the second class, from 2,000 to 15,000 
inhabitants. Municipal governments of less than 2,000 
inhabitants are called incorporated towns. 

Each city or town contains as much territory as the 
inhabitants think necessary, and additions are frequently 
made to the original plats. This territory is separated into 
blocks which are divided into lots for convenience of own- 
ership. For governmental purposes, cities are divided into 
wards, and each ward chooses its own members of the 
city council. 

Officers. Officers in municipalities secure their office 
in one of three ways: (1) by general election of the people; 
(2) appointment by the mayor; (3) appointment by the 
council or by the Board of Public Welfare. In incorpo- 
rated towns a mayor, a treasurer, an assessor and five 
councilmen at large are chosen by the first method. A 
marshal and street commission are appointed by the mayor, 
and a clerk is appointed by the council. 

In cities of the second class a mayor, a treasurer, an 
assessor, one councilman from each ward and two elected 
at large are chosen at a general election. A health physi- 
cian, a marshal, a street commissioner and, if directed to do 



CITIES AND INCORPORATED TOWNS 25 

so by the council, policemen and other officers, are appointed 
by the mayor. A clerk in all cities of the second class and 
a solicitor in those of 4,000 or less population are appointed 
by the council. 

In cities of the first class a mayor, solicitor, auditor, 
treasurer, city engineer, assessor, police judge, if there is 
no police court, and one councilman from each ward and 
two elected at large are chosen by the first method. The 
mayor appoints a health physician, a street commissioner, 
policemen and a marshal who acts as chief of police. In 
cities of 20,000 or more people, having a board of police 
and fire commission, policemen are appointed as provided 
in the act creating the board, and in cities having a board 
of public works, such board appoints the street commis- 
sioner and may appoint, or direct the mayor to appoint, 
such other officers as may be necessary. 

Elections and Term of Office. Elections in towns and in 
cities of both the first and second class are held on the 
last Monday in March in the odd-numbered years, and all 
city officers except the assessor begin the discharge of 
their duties on the first Monday in April. The term of 
assessor begins on the first day of January following his 
election. The term of office of elective officers is two 
years. Officers appointed by the council at the April meet- 
ing following the biennial election, serve for two years, and 
officers appointed by the mayor are responsible to him and 
serve during his pleasure. 

Mayor. The mayor is the presiding officer of the council 
ex-officio, but he is not a member of that body. He pre- 
sides at the meetings of the council, holds court for the 
trial of offenders against the ordinances of the city, and 
sees that all orders of the council are properly enforced. 
He has the same general powers as a justice of the peace. 

Council. The city council has power to adopt ordinances 



26 IOWA AND THE NATION 

for the government of the city. The general law of the 
state confers on city councils the right to legislate in a 
prescribed manner, and all such acts, properly adopted, 
have the same force and effect as laws passed by the General 
Assembly. The ordinances passed by any city council apply 
only to that city. The city council acts as a board of review 
of the assessment of property, in the same manner as does 
the board of trustees in the civil township. 

To the city council belongs the power to appoint mem- 
bers of the police force and night watch. It may also 
provide for a fire department and make regulations for 
governing the same. The council also acts as the board 
of health. 

Marshal. The duties of the marshal correspond to those 
of constable. He attends the courts of the mayor and police 
judge, and is, in fact, next to the mayor, the chief executive 
officer of the city. Many important duties devolve upon 
this officer in preserving the peace and maintaining order. 
He may appoint deputies to aid him in the discharge of his 
duties, but he is responsible for their acts. 

Treasurer. The treasurer receives all money belonging 
to the city, and pays it out as ordered by the city council, by 
whom his bond is fixed. 

Auditor. The auditor has charge of the financial affairs 
of the city, and issues all warrants upon the treasury when 
ordered to do so by the council. His duties are numerous 
and important. 

Attorney. The city solicitor, or attorney, is a lawyer, 
elected to represent the city in all matters of a legal nature. 
He is required to furnish an opinion on any matter of law 
relating to the government of the city, when requested to 
do so by any officer. His relations to the officers of the 
city are the same as those of the attorney-general to state 
officers, or of the county attorney to officers of the county. 



CITIES AND INCORPORATED TOWN£ 27 

Police Court. The police judge has jurisdiction of all 
offenses against any ordinance of the city in which he 
serves. In criminal matters, his powers are coordinate 
with those of justice of the peace, and he is entitled to the 
same fees as that officer. He may also take acknowledg- 
ments of signatures to deeds, mortgages and other papers. 
His court, which is open at all times for the transaction 
of business, is a court of record. The clerk of this court 
is chosen by the qualified electors of the city or appointed 
by the police judge, as the council may direct. In case of 
vacancy in the office of police judge, the duties of that 
officer devolve upon the mayor. For the prosecution of 
any person for violating an ordinance of the city, the police 
judge, or mayor, is entitled to such compensation as the city 
council may allow. 

Superintendent of the Market. The superintendent of 
the market acts as overseer of all places provided by the 
city for the sale of fresh meats, vegetables, and other 
articles of a perishable nature usually offered for sale in a 
public market. 

Ciz'il Engineer. The civil engineer performs such duties 
belonging to his profession as may be required by the city 
council. 

Compensation. The compensation of city officers is fixed 
by ordinances of the city council, or by fees as prescribed 
by law. Each member of the council receives as full com- 
pensation for his services an amount fixed by the council 
not to exceed $250 a year. 

Commission Form. Cities having more than 2,000 
inhabitants may now be governed by a commission of either 
three or five members, the number of members depending 
upon the population. As this plan of government for cities 
is a very important one, it should be studied in detail by 
reference to the code of Iowa and the session laws of 



28 IOWA AND THE NATION 

1909. Cities having a population of not less than 7,000 
nor more than 25,000 are governed by a mayor and two 
councilmen and cities with a population of 25,000 or more 
have a mayor and four councilmen. All elections of these 
officers are non-partisan. The term of office is two years in 
all commission cities. 

Under this plan of government it is believed that 
responsibility can be more definitely centered. All the 
affairs of the city are divided into five departments — Public 
Affairs, Accounts and Finance, Public Safety, Street and 
Public Improvements, Parks and Public Property. The 
mayor is specifically responsible for the first department, 
and each of the other departments is in charge of one of 
the councilmen who is definitely accountable for any mis- 
government in that department. In commission cities having 
only two councilmen, each has charge of two of the depart- 
ments. The efficiency of each department depends to a 
great extent upon qualifications of the subordinate officers 
such as chief of police, city clerk, city engineer, city treas- 
urer, etc., and it is argued that experts for these positions 
can be more carefully selected by a commission than by the 
people generally. Unlike councilmen in the ordinary form 
of city government, the commissioners are expected to devote 
their entire time to their duties arid are paid salaries suffi- 
ciently large to attract men who are qualified to administer 
the affairs of the city as experts. 

In order to adopt this form of government a petition 
must be presented to the mayor, who is then required to 
call an election for the purpose of voting upon the proposi- 
tion. A number of the leading cities of the state have 
adopted the commission form of government. 

The City Manager Plan. The city manager plan of 
government, like the commission plan, came in response to 
a demand of the people for more efficient city government. 



CITIES AND INCORPORATED TOWNS 29 

Cities all over the country were being misgoverned and 
the affairs were often administered by dishonest and cor- 
rupt politicians. The mayor and councilmen of many large 
cities filled the thousands of city offices and minor positions 
with incompetent men simply because these men had voted 
for the mayor and councilmen, or were able to induce 
others to do so. The city with its many employees is really 
a great business enterprise, and when this business is car- 
ried on by incompetent workers it results in a waste of 
public money. For this reason, the people in some of our 
cities have come to the conclusion that city government 
ought to be conducted in the same manner as a private 
business organization. 

In carrying out this plan the people elect a board of 
directors whose principal duty is to select a highly compe- 
tent business manager to handle all the affairs of the city. 
He hires all his assistants just as he would in his own 
private business, plans all city improvements, and contracts 
to have them carried out in the most economical manner. 
He is given full power to conduct the affairs of the city in 
a clean, honest and efficient manner. If he fails, he is held 
personally responsible. It is not possible for him to shift 
responsibility to any one else, a practice common in a 
corrupt political " ring," and, for that reason, he will 
make every possible effort to give the city a successful 
administration. Wherever this plan has been adopted it has 
proved very satisfactory. The Thirty-sixth General 
Assembly (1915) passed an act which will enable other 
cities throughout the state to adopt this plan of government. 

Special Charter Plan. Many of the older cities of the 
state were organized before the present law for the incor- 
poration of cities and towns was enacted. The government 
of these cities differs somewhat from that of cities authorized 
by the general law of the state. Such cities are said to be 



30 IOWA AND THE NATION 

governed by special charter. Many laws for the government 
of other cities have been made to apply to cities organized 
under special charter. Cedar Rapids, Dubuque, Glenwood, 
Keokuk and Winterset have special charters. 



QUESTIONS AND SUGGESTIONS 

1. How may a village become an incorporated town? 

2. What officers have power to provide for lighting, 
cleaning and paving streets ? 

3. If you were a member of a city council which of 
the following licenses would you vote to grant : saloon, 
circus, auctioneer, billiard hall, street fair, peddler, fortune 
teller? Why? 

4. Name some ways in which a council provides for 
the morals, health, safety, convenience, beauty and pros- 
perity of a community. 

5. What are the advantages and disadvantages of the 
commission form of government? 

6. Distinguish between special charter cities and other 
cities. Name the former. 

7. What are the duties of the mayor? What qualifica- 
tions would you look for in a man for this office if you were 
to vote for him? 

8. Do you think a commercial club is an advantage to a 
community ? Why ? 

9. What advantage is a civic improvement league to 
a community? 

10. In what ways may every citizen help to improve 
the community in which he lives? 

11. Question suggested for class debate: Resolved, 



CITIES AND INCORPORATED TOWNS 



31 



that all Iowa towns having between 2,000 and 20,000 inhabi- 
tants should adopt the city manager plan of government. 

12. Make an outline in your note book similar to the 
one below, adapting it to a second class city or incorporated 
town. 





TOWN AND 


CITY 




OFFICERS 


PRESENT 
INCUMBENT 


HOW 
ELECTED 


WHEN 
ELECTED 


DUTIES 


Mayor 










Council 










Marshal 










Assessor 











Treasurer 








Auditor 










Solicitor 








City Engi- 
neer 










Police Judge 








Supt. of 
Market 










Bd. of Pub- 
lic Works 










Judge of 
Superior 
Court 










Health 
Physician 











CHAPTER V 
THE COUNTY 

Why Necessary. We have learned that the township 
possesses but few powers and that the government of cities 
is confined by law to the exercise of those functions per- 
taining strictly to their own affairs. Between these local 
units of government and the great unit called the state, 
another unit, intermediate in its size and functions, is 
required to provide for the supervision of interests which 
are common to larger communities and which can be man- 
aged more economically by the combination of several 
adjoining towns into a body corporate. The county is such 
a body corporate, and it is a very important unit of 
government. 

All laws for the government of counties are enacted by 
the General Assembly, and must be uniform throughout 
the state. These laws specify the number of county officers 
and the duties of each and in some instances fix their 
salary. 

Suggestion. It is recommended that a careful study of 
county government be made by all pupils as a preparation 
for a clear understanding of state and national government. 
It is also suggested that pupils be required to examine and 
discuss the published proceedings of the board of super- 
visors as they appear in the county papers after each regu- 
lar session of the board. In this way an interest in public 
affairs will be aroused, and the study of civil government 
be made more practical. 

32 



THE COUNTY 33 

Number and Boundaries. Iowa, with an area of 56,025 
square miles, is separated into 99 counties. When the state 
was admitted into the Union in 1846, there were only 27 
organized counties, but before many years had elapsed, 
the entire area of the state was included in the counties as 
they now exist. In most counties the boundaries conform 
to the range and township lines, as established by govern- 
ment survey. Owing to the irregular course of the rivers, 
the counties along the eastern and western boundaries of 
the state vary from the prevailing rectangular form. 

County Names. The study of county names is full of 
interest. Eleven of the counties, Washington, Adams, 
Jefferson, Madison, Monroe, Jackson, Van Buren, Harrison, 
Polk, Taylor and Buchanan, were named for presidents, and 
Johnson county for Richard M. Johnson, vice-president 
of the United States with Van Buren. Audubon, Benton, 
Calhoun, Carroll, Clay, Clinton, Decatur, Fremont, Hum- 
boldt, Jasper, Kossuth, Marion, Marshall, Scott, Story, 
Warren, Wayne and Webster commemorate names that are 
historic. Several county names were conferred in honor 
of noted Indians or Indian tribes. Among these are, 
Allamakee, for Allan Makee, a noted Indian trader ; Black 
Hawk, Cherokee, Chickasaw, Iowa, Mahaska, Pocahontas, 
Pottawattamie, Poweshiek, Sac, Sioux, Tama, Winne- 
bago and Winneshiek for the most celebrated Indians. 
Cerro Gordo, Buena Vista and Palo Alto were named to 
commemorate three famous battles of the Mexican War. 
The origin of all the other county names may be easily 
found by a little research on the part of pupils, and many 
valuable lessons in biography may be based upon these 
names. 

County Seat. In each county, the people have selected 
a place at which the principal business of the county is 
transacted. This place is known as the county seat, and it 



34 IOWA AND THE NATION 

is generally near the center of the county. The offices of 
the county are usually kept at this place in a building called 
the courthouse. 

Officers. The officers of a county are a board of 
supervisors, an auditor, treasurer, clerk of the district 
court, sheriff, recorder, superintendent of schools, coroner, 
engineer and attorney. The auditor, treasurer, clerk and 
sheriff are each allowed a deputy in most counties. 

Election. County officers, except the engineer and super- 
intendent of schools, are chosen by the qualified voters of 
the county at the general election on the first Tuesday after 
the first Monday of November of each even-numbered 
year, for a term of two years, except that the term of the 
supervisors is three years. The engineer is appointed by 
the board of supervisors. The superintendent is chosen on 
the first Tuesday in April every third year, beginning 1915, 
by a county board consisting of the president of each school 
township, consolidated independent, and city independent 
school district together with a representative from each 
township composed in whole or in part of rural independent 
districts, chosen by the presidents of such districts. He 
assumes the duties of his office on the first secular day in 
September following his election. His duties are explained 
in Chapter VII, Education. 

Board of Supervisors. The Board of Supervisors 
consists of three, five, or seven members, as the people 
of each county determine. Their term of office is three 
years, and one-third of the number, as nearly as may be, 
are chosen at each general election. The only qualification 
required of members of this board is that they must be 
qualified voters of the county in which they are chosen, 
and no two members can be elected from the same 
township. 

Supervisors may be chosen from the county at large, 



THE COUNTY 35 

or the county may be separated into supervisor districts by 
the board, each district choosing one supervisor. The board 
cannot redistrict the county oftener than once in two years. 

Meetings. Regular meetings of the board are held on the 
second secular day of January, and the first Monday in 
April, June, September and November of each year. At 
the first meeting in each year, one of the members is chosen 
chairman, and it is his duty to preside at all the meetings 
of the board during that year. 

Powers and Duties. The board of supervisors manage 
the affairs of the county. Within the limits fixed by the 
General Assembly, they may make rules and regulations for 
conducting the business of the county, and see that these 
rules are enforced. They may make appropriations for 
county purposes, and must see that the money is properly 
spent. They also have general supervision over all other 
county officers, and they must require these officers to make 
reports to them which must be given under oath, and to 
give bonds for the faithful performance of their duties. 
In case of the failure of any county officer to make reports 
as required by law, the board of supervisors may remove 
such officer by a majority vote and fill the vacancy thus 
created until the next election. The boards of supervisors 
have power to change the boundaries of townships and to 
organize and name new townships. They also have power 
to organize and maintain drainage districts, and to purchase 
sites for county fairs. 

Among their other important duties are the following : 

To examine all bills against the county and approve the 
same if found correct. 

To order the payment of all just claims, unless some 
other method of payment is provided by law. 

To care for the poor, including the management of the 
county poor farm. 



36 IOWA AND THE NATION 

To look after all property belonging to the county, with 
special attention to the courthouse and jail. 

To determine the amount of taxes necessary and fix the 
levy. 

To provide for the construction of bridges which cannot 
be constructed by road districts for lack of funds. 

To act as commissioners of highways. 

To have general control of the permanent school fund 
apportioned to the county. 

To locate polling places. 

Penalty. If any supervisor neglects or refuses to per- 
form any of the duties devolving upon him as a member 
of the board, without just cause, he is liable to a fine 
of $100 for each offense. 

Compensation. The members of the board of supervisors 
receive four dollars per day for each day actually spent in 
session, and in committee service, and mileage at the rate of 
five cents per mile in going to and returning from each 
session and each place for performing committee service. In 
counties having a population of 10,000 or less, they cannot 
receive compensation for more than thirty days' session 
service in a year. This time is increased with the increase 
in population, until, in counties having a population exceed- 
ing 90,000 one hundred days may be spent in session service. 

County Auditor. The county auditor is clerk of the 
board of supervisors, and it is his duty to record the pro- 
ceedings of that body and preserve them in permanent form 
in books provided for that purpose. He signs all orders 
issued by the board for the payment of money from the 
county treasury, and serves as general accountant for the 
county. Before each election, the auditor prepares and 
furnishes two poll books for each voting precinct in the 
county. Immediately after election, one of these books is 
forwarded to him from each voting precinct with the num- 



THE COUNTY 3/ 

ber of votes each candidate received for every office to be 
filled at that election. From the poll books thus made out, 
he makes an abstract of all the votes cast in the county 
for each candidate, and forwards it to the secretary of state. 

He is custodian of the courthouse and county property. 
He computes the amount of tax to be paid by each taxpayer, 
and gives the list to the treasurer for collection. It is his 
duty also to publish all proceedings of the board of super- 
visors. His duties as bookkeeper for the county, enumerated 
by the code of Iowa, are many and diversified. In addition 
to these duties, the loaning and general management of the 
permanent school fund apportioned to the county, as well 
as a division of the county school found, is left to the county 
auditor. 

Bond. The bond of the county auditor is fixed by the 
board of supervisors, and it cannot be less than $5,000. It 
is usual in most counties for the bond to be fixed at $10,000. 
The loaning and general management of the permanent 
school fund apportioned to the county, as well as the divi- 
sion of the county school fund and interest on the perma- 
nent school fund, is left to the county auditor by the board 
of supervisors. 

Salary. In counties having less than 15,000 population, 
the salary of the county auditor is $1,400 a year; in counties 
having a greater population than 15,000 the salary is 
increased according to population so that in counties having 
more than 100,000 population, the salary is $3,300 a year. 

County Treasurer. The county treasurer receives 
all money belonging to the county and pays it out upon the 
order of the board of supervisors. Warrants, or orders, 
for the payment of money by the county treasurer are 
drawn and signed by the county auditor and sealed with the 
county seal. The treasurer keeps a record of all moneys 
received and warrants paid, and holds the same, at all 



38 IOWA AND THE NATION 

times, subject to the inspection of the board of supervisors. 
He keeps a separate account of the taxes levied in the 
county for state, county, school, highway and other pur- 
poses. His duties in relation to taxes are described in 
Chapter VI, Taxation. 

The county treasurer is heavily bonded. His compensa- 
tion consists of a percentage of the money collected. In 
counties whose population does not exceed 10,000 it cannot 
be more than $1,300. In other counties where the com- 
mission exceeds $1,500, the excess must be paid into the 
county treasury ; but in counties having a population of 
25,000 or more, the board of supervisors may allow such 
additional compensation as they deem proper. 

County Clerk, or Clerk of the District Court The 
county clerk is the clerk of the district court, and it is his 
duty to attend all sessions of this court and to keep its 
records, papers and official seal. He keeps a book, known 
as the record book, in which are recorded the proceedings 
of the court; a judgment docket, in which to keep an 
abstract of all judgments rendered by the court with all 
the explanations necessary ; a fee book, in which to enter in 
detail the costs and fees in each law suit; an incumbrance 
book, in which the sheriff records a statement of each attach- 
ment of real estate ; an appearance docket, in which all suits 
are entered in the order in which they are begun; and a 
book in which is kept a record of all liens filed in the 
district court. 

Report. On or before the first Monday in November of 
each year, he is required to make a full report of all criminal 
trials held by the district court for the preceding year. This 
report shows the character of the offense, the nature and 
amount of the penalty inflicted, the nationality, occupation 
and general habits of the person convicted, whether he can 



THE COUNTY 39 

read and write, and also the entire expense to the county 
for criminal prosecutions during the year. 

Duties. It is the duty of this officer to issue mar- 
riage licenses when application is properly made. He keeps 
a register which contains the names and ages of the parties, 
the date of the marriage and the name and official standing 
of the party by whom it was solemnized. He also keeps a 
record of the births and deaths ; and is, by virtue of his 
office, a member of the insane commission. He also 
appoints executors, administrators, guardians and appraisers 
of the property of persons deceased, and approves the bonds 
which they are required by law to file with him as security 
for the faithful discharge of their duties. In fact, this 
officer now has the settlement of all matters of probate, 
subject to the direction and approval of the judge of the 
district court. 

The clerk may appoint a deputy to aid him in trans- 
acting the business of his office, but neither of these officers 
can, during the time of his official incumbrance, hold the 
office of justice of the peace, or act as attorney or solicitor 
in any case in court. 

Bond. His bond cannot be less than $5,000, and his com- 
pensation varies according to the population of the county 
in which he serves. 

Salary. The salary of the county clerk is determined by 
the population of the county. In counties having less than 
10,000 inhabitants it is $1,100. From this minimum it is 
increased with the increase in population until in counties 
having over 65,000 inhabitants it is $3,300. 

Fees. A full and complete account of all fees received 
must be reported to the board of supervisors at each regu- 
lar session. The fees, in excess of the salary, must be paid 
into the county treasury, but the board of supervisors may 



40 IOWA AND THE NATION 

allow an amount, not to exceed $300, as additional com- 
pensation for performing the work connected With matters 
of probate. 

County Recorder. The county recorder is provided 
with an office in the courthouse, and it is his duty to copy 
accurately all deeds, mortgages and other papers delivered 
to him for record, in the manner prescribed by law. He 
keeps separate books for deeds, mortgages of real estate, 
chattel mortgages and other papers, and he is required to 
write on each paper delivered to him for record, the exact 
time it was received. The records of his office show the 
names of those persons who received the original deeds 
of land from the government, and also all transfers and 
changes in ownership from the original entry down to 
the present time. 

Abstract Books. Deeds, mortgages, and other valuable 
papers are often lost or destroyed by accident, but if they 
have been properly recorded, an exact copy of the record 
can be made from the books of the recorder at slight cost. 
Books containing a complete record of all transfers of real 
estate from the government patent to date are known as 
abstract books. From these books a complete record of all 
transfers of title of any piece of real estate may be obtained 
at slight expense. This record is called an abstract of title 
or simply an abstract, and should always be obtained by 
one purchasing the property. It requires great care to 
prepare these books and keep them up to date. A complete 
set of abstract books for a large county is worth several 
thousand dollars. 

Compensation. The fees of the county recorder are fixed 
by law. He charges fifty cents for recording each paper 
of not more than 400 words, and ten cents extra for every 
100 additional words, or fraction thereof. The fee for 
recording: a deed to real estate, if made in the usual form, 



THE COUNTY 41 

is seventy-five cents, but twenty-five cents of this is paid 
to the county auditor for entering the land for taxation in 
the name of the purchaser. The amount of the bond of 
this officer is fixed by the board of supervisors. In counties 
having less than 15,000 inhabitants, the salary is $1,200 a 
year, and increases according to the population of the 
counties to a maximum of $2,000. 

Sheriff. The sheriff is one of the most important 
officers of the county. His duties are many and he is 
required to appoint, in writing, one or more deputies, for 
whose official acts he is responsible and from each of 
whom he requires an official bond for the faithful per- 
formance of his duties. 

Duties. The sheriff has charge of the county jail and 
of all persons committed to it. He or his deputies serve 
notices issued by the district court. He is required to 
attend the district court to serve all notices upon persons 
who are summoned to appear before the court, to execute 
all judgments of the court, and to execute and return all 
writs issued by the court. The sheriff and his deputies 
are responsible for the maintenance of peace and good 
order within the county. It is their duty to arrest criminals 
and they may arrest persons suspected of crime. But in 
no case does their authority extend beyond the boundaries 
of their own county. When necessary the sheriff or a 
deputy may call upon citizens to assist in making an arrest 
or quelling a disturbance, and the law requires that they 
render the assistance. 

It is the duty of the sheriff to give at least ten days' 
notice of each general election by a proclamation published 
in some newspaper printed in the county, or by posting 
notices of it in at least five public places in the county. 
The same rule applies to all special elections ordered by the 
governor. 



42 IOWA AND THE NATION 

Salary. The Twenty-ninth General Assembly changed 
the compensation of sheriffs from fees to an annual salary, 
which varies according to the population of the counties. 
In counties having a population of over 45,000, the salary 
is $3,500 a year. Where the population is more than 28,000 
and less than 45,000, the compensation is $3,000. If the 
population of the county is more than 11,000 and less than 
28,000, the salary is $2,000 a year. In all counties the 
sheriff is allowed actual expenses incurred in the discharge 
of his official duties, and mileage. It is intended that the 
fees of the office shall be used in the payment of the salary 
of sheriff and his deputies, but in case the fees collected 
do not amount to the salary fixed by law, the balance is 
paid out of the county treasury, and fees in excess of the 
salary allowed are paid into the treasury for the benefit 
of the county. All fees of the office earned and uncol- 
lected at the end of the year belong to the county. 

County Attorney. The county attorney acts as the 
legal adviser of the officers of the county in which he is 
chosen, and it is also his duty to appear for the state in the 
prosecution of criminals, and to represent the county in 
the supreme court when the county is a party to a suit 
in that court. A deputy may be appointed by this officer. 
The county attorney may prosecute upon his own sworn 
information any person charged with a criminal offense 
for which the fine exceeds $100 or thirty days' imprison- 
ment. In addition to his duties of giving legal information 
to county officers, he is also the legal adviser of township 
officials, and in counties of less than 25,000 people, he repre- 
sents the township trustees when the interests of the county 
do not conflict with those of the township. 

Bond. Salary. The bond required of this office, to be 
filed with the county auditor, is not less than $5,000. The 
salary, which is fixed by the board of supervisors, ranges 



THE COUNTY 43 

from $900 to $1,750, according to the population of the 
county. Fees and mileage also are provided for in certain 
cases. The term of office is two years, commencing on the 
first Monday in January of each odd-numbered year. 

County Engineer. The office of county engineer is 
the most recently created county office. The engineer 
assumes the duties that were formerly performed by the 
county surveyor, and in addition to these he is required to 
superintend the construction of highways, bridges and 
culverts in carrying out the provisions of the new road law. 
Much of his work is done under the direction of the state 
highway commission. The office of county surveyor was 
abolished, as such, because much of the work of surveying 
land, establishing boundaries, making plats, etc., which is 
important when a country is first being settled, is now 
greatly reduced in Iowa. On the other hand, as a country 
becomes more thickly settled the need for good roads, 
permanent bridges and proper grades becomes of increasing 
importance. The legislature felt that this work could be 
more intelligently carried on by an expert civil engineer 
cooperating with a state highway commission of road con- 
struction experts, than by the old method when the county 
road work was unscientifically done, poorly organized, and 
sometimes dishonestly carried on. 

Coroner. It is the duty of this officer to perform all 
the duties of the sheriff, when there is no sheriff, or when 
that officer is an interested party in any proceedings in any 
court of record. He also acts as sheriff when an affidavit 
is filed with the clerk of the court that the sheriff and his 
deputies are absent from the county, and are not expected 
to return in time to perform the service required. He is 
obliged to give bonds to the amount required by the board 
of supervisors. 

Inquest. It is also his duty to hold an inquest upon the 



44 IOWA AND THE NATION 

dead bodies of those persons who are supposed to have 
died by unlawful means. Upon receiving notice that such 
a body has been found in his county, he issues a warrant 
to any constable of the county, directing him to summon 
immediately three electors to serve as a jury in determining 
when, how and by what means the deceased came to his 
death. The coroner may summon witnesses, and both jurors 
and witnesses are sworn to the faithful performance of the 
duties devolving upon them. 

The testimony given at the inquest is reduced to writing 
and signed by the witnesses. The jurors, having viewed 
the body, heard the testimony and made all needful 
inquiries, return to the coroner in writing the result of their 
investigations. 

If it be found at the inquest that a crime has been 
committed on the deceased, and the evidence be sufficient 
to authorize the jury in naming the guilty person, the 
coroner proceeds to secure his arrest, if possible, before 
the proceedings are made public. The body of the deceased is 
delivered to his friends by the coroner, but where there 
are no friends and no property, the expenses of the inquest 
and burial are paid out of the county treasury. 

Fees. The fees of the coroner are as follows : 

For holding an inquest and making the return, five 
dollars. 

For viewing a body without holding an inquest, three 
dollars. 

For issuing each subpoena, warrant or order for a jury, 
twenty-five cents. 

For each mile traveled in going to and returning from 
holding an inquest, five cents. 

For acting as sheriff he receives the usual fees of that 
officer. 



THE COUNTY 45 

Notary Public. A notary public is not properly a 
county officer, although his powers are limited to the county 
in which he resides, and to adjoining counties in which 
he has filed his certificate of appointment. 

Appointment. Any person wishing to become a notary 
public may make application to the governor for an appoint- 
ment as such. If the application is satisfactory, the person 
receives a commission authorizing him to serve as notary 
public. The term of this officer is three years, but for 
convenience, all commissions expire on the fourth day of 
July of every third year. 

Seal. Each notary public, or notary, as he is commonly 
called, has an official seal, upon which is engraved the 
words, "Notarial Seal," and "Iowa," with the initials of 
his given name and his surname in full. The cost of a 
commission is five dollars ; and that of a notarial seal, three 
dollars. Each notary is required to give a bond in the sum 
of $500, which he files with the clerk of the district court, 
as a surety that he will faithfully perform the duties of his 
office. The governor may revoke the commission of a 
notary at any time. 

Powers. A notary public may administer oaths, take 
the acknowledgment of signatures to deeds, mortgages, wills 
and other legal documents, and perform certain other duties 
of like character. He must stamp with his official seal all 
papers of which he takes acknowledgments. He also 
certifies concerning the signatures in the following manner: 

State of Iowa. 1 

r*SS 

Buchanan Co. j 

Be it remembered that on the day of , 

A. D before the undersigned, a notary public 

in and for said county, personally appeared A 



46 IOWA AND THE NATION 

B and C D , to 

me personally known to be the identical persons whose 
names are affixed to the foregoing instrument as grantors, 
and who acknowledge the same to be their voluntary act 
and deed. Witness my hand and notarial seal the day and 
year above written. 

E F 

Notary Public in and for said county. 

Bonds, Salaries and Fees. A bond is a w r ritten promise 
under seal made by a responsible person by which he agrees 
to pay any loss up to the amount of the bond resulting from 
the unfaithfulness of the official for whom the bond is given. 

All county officers as well as their deputies except super- 
visors are required to give bonds for the faithful perform- 
ance of their duties. The amount of the bond varies with 
the office and size of the county from $5,000 to many times 
that amount for treasurers in counties in which vast sums 
of money are handled. Supervisors fix and approve the 
bond, but are not permitted to make it less than the minimum 
required by law. 

The salaries of county officers also vary in amount accord- 
ing to the nature of the office and the size of the county. 
The Thirty-sixth General Assembly in 1915 unified and 
systematized the salaries of county officers throughout the 
state, the salary in small counties averaging approximately 
$1,400 and in larger ones about $2,000 per year. The 
auditor, treasurer and sheriff usually receive the highest, 
while the clerk and attorney receive the least. The super- 
visors do not receive a definite salary, but are paid four 
dollars per day for time actually spent in attending meetings, 
and a like amount when not in session, but employed in 
committee work. They are allowed five cents per mile 



THE COUNTY 4/ 

for each mile traveled in going to and from the sessions and 
when performing committee work. 

The corner is paid by means of fees, as already explained, 

page It is intended that a part, at least, of the 

county offices should be self-supporting; for this reason 
people who receive specific benefits from these offices are 
required to pay a fee for the benefits conferred. Examples 
of this are the fees charged by the recorder. See page 40. 

QUESTIONS AND SUGGESTIONS 

1. Draw an outline map of your county, and mark on 
it the civil townships, towns and county seat. 

2. Name the county in Iowa having the smallest popu- 
lation and the largest. Give the population in each case. 
This can be found in the Iowa Official Register or in any 
good atlas. 

3. Name the supervisors in your county. Are they 
elected at large, or does each represent a particular dis- 
trict? Which is the better method? Which places more 
emphasis on local self government? By which method 
does the supervisor tend to represent the interests of the 
entire county? 

4. Suppose you wish to buy a farm, what officer would 
you consult to make sure that the seller held a clear title 
to the farm? Suppose you buy the farm, what document 
will you receive? What will you do with it? What fees 
will it be necessary to pay? 

5. What is being done to improve the roads in your 
county? Of what advantage are good roads to you? Name 
five advantages of good roads to people in general. Should 
the state help support county roads from state funds ? 

6. What provision does the county make for poor people 



48 IOWA AND THE NATION 

who are too old to work? Name all the ways in which a 
county provides for unfortunate people. 

7. Secure copies of deeds, mortgages, tax receipts, war- 
rants, legal notices and as many other documents as you 
can from various county officials. A great deal of practical 
information can be gained in class in this manner. 

8. It is suggested that the class organize as the Board 
of Supervisors and carry out the usual duties of that body. 

9. Suggested question for class debate: Resolved, that 
State aid should be given for the purpose of making per- 
manent roads. 

10. Make out a table in your note book similar to the 
one below, but on a larger scale, and fill all blanks. 



THE COUNTY 



49 






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CHAPTER VI 

TAXATION 

The Purpose of Taxation. We have learned in the 
preceding chapters that local government, in its various 
forms, is engaged in many activities for public welfare — 
such as the construction and repair of highways, building 
bridges, maintaining public buildings, dispensing justice, 
protecting society and maintaining schools. We have 
learned that those engaged in public work receive compensa- 
tion for their skill and labor, and that other expenses are 
daily incurred. The question naturally arises, where is 
the money for paying all these expenses obtained? To 
this question there is but one answer. It is obtained from 
the people. The people receive the benefit of these activities, 
and it is just and right that they should pay the expenses 
incurred. 

For this reason all governments make provision in their 
organic law for securing from the people the revenue 
necessary to meet the government's expenses. Taxation is, 
therefore, the lawful taking of private property for public 
purposes. 

Method of Taxation. In order that any system of tax- 
ation may be just it must be uniform, that is, each adult 
person should contribute according to his means to the 
support of the government. That this may be done, laws 
governing the levying and collecting of taxes have been 
carefully prepared. In Iowa these laws require the follow- 
ing steps : 

50 



TAXATION 



51 



1. Assessment. All taxable property is divided into two 
classes, real estate and personal property. Real estate 
includes land and buildings and personal property and all 
other property. It is necessary that the taxing authorities 
have a means of learning the value of the property owned 
by each person residing within the territory under their 
jurisdiction, be that territory a school district, a civil town- 
ship, a county or a state. 

The first official with whom we come in contact in the 
process of taxation is the township assessor, as we have 
already explained (Chapter III, page 18). This official 
is required once a year to make a list of the property of 
each resident of his township who is subject to taxation. 
The assessor is required to list the property at its actual 
value, but it is assessed at only one-fourth its value. Per- 
sonal property is valued each year, but the value placed on 
real estate one year is used the next. That is, real estate 
is valued only once in two years. Each property holder is 
required to make to the assessor a statement under oath as 
to the amount and value of his property. Failure to make 
this statement is considered a misdemeanor, and is punish- 
able by a fine of not more than $500. 

The assessor receives from the county auditor, by Janu- 
ary 15 of each year, two books, and he records in each of 
them all the items relating to the property assessed. He 
is required to complete the work before the first Monday 
in April. 

2. Equalisation. The second step in the process of 
taxation is equalization of taxes, or review of values. One 
of the assessor's books is delivered to the township clerk, 
on or before the regular April meeting of the trustees, and 
is used by them in reviewing the assessments. The trustees 
examine the assessor's book to see that none of the property 
has been listed too high or too low. Any person who thinks 



52 IOWA AND THE NATION 

his property has been unjustly assessed can appear before 
the trustees at this meeting and petition them to correct 
the assessment. After the values have been reviewed, the 
books, together with the estimate of the taxes necessary 
for the township, are submitted to the county auditor. 

In a like manner, the board of supervisors of the county 
act as a board of review in equalizing the valuation of 
property in the townships of their respective counties, and, 
finally, the executive council may act as a state board of 
review to equalize values among the counties. The assess- 
ment is based largely upon the judgment of the township 
assessor. Suppose that in any two townships of a county, 
the assessor should in one township fix the value of property 
at as low a rate as possible, and the other one as high 
as possible. This would not affect the amount to be raised 
for local purposes, as the local boards estimate the amount 
of money needed, and not the rate of tax to be levied. But 
the township having the higher assessment would be obliged 
to contribute more than its share for the support of county 
and state government, since the estimates for county and 
state revenue are based on the assessed value of property 
at a certain number of mills on a dollar. 

3. Levy of Taxes. In order to understand how taxes 
are levied, we must first know the different units of govern- 
ment over which the different taxing bodies extend their 
control. Beginning with the smallest unit and extending 
upward in the scale, these are, the subdistrict, the school 
township, the civil township, the county and the state. The 
voters of any subdistrict may, within certain limits, by 
vote increase their rate of taxation for school purposes 
above that voted by the school township; the board of 
directors of the school township determine the amount of 
money necessary for the support of schools under their 



TAXATION 53 

control; the board of township 'trustees determine the 
amount necessary for the expenses of the township, includ- 
ing construction and repair of roads; the board of county 
supervisors determine the amount necessary for the county, 
and the rate for the state expenses is fixed by the General 
Assembly. 

These various amounts, together with the lists of taxable 
property in each township and school district, are sent to 
the county auditor. At their September meeting the board 
of county supervisors levy the taxes to be used for the 
support of state, county, town and township government. 
This levy is made upon all the taxable property in the 
county. The money for the support of the state government 
is obtained from a uniform tax levied upon all the taxable 
property of the state. For the payment of salaries of county 
officers and the running expense of the county government, 
a levy not to exceed six mills on a dollar is made. For the 
support of schools, the levy is not less than one mill nor 
more than three mills, and for building and repairing 
bridges, not more than three mills on a dollar. 

4. Computing Taxes. After the assessment lists of the 
town and township assessors have been properly equalized, 
the county auditor adds the valuation listed in each to find 
the total value of taxable property in the county. Then 
from the amount estimated for county purposes he sub- 
tracts the total amount of poll tax and divides the remainder 
by one-fourth the value of the taxable property in the 
county. The result is the rate, or the number of mills on 
the dollar for county purposes. In the same manner he 
computes the rate for each city, town, township and school 
district. These, together with the uniform state rate, are 
then combined as shown under General Levy, which shows 
how the different items of taxation are determined. The 



54 



IOWA AND THE NATION 



tax is for all purposes, as levied by the board of super- 
visors of Buchanan county upon the property in the inde- 
pendent district of Independence for the year 1915. 



General Levy 

Funds Mills 

State 2.9 

University 2 

Agricultural College 2 



How Estimated 
By General Assembly 



Teachers' College 

Capitol Extension 

State Institutions 

College Extension 

County 4 

Bridge 5 

County Road 1 

Poor 1 

Insane 1 

County School 1 

Soldiers' Relief 2 

County Home Building 2 



By Board of Supervisors 



Total 



Incorporation 29 

Library 2 



20.1 

Independence City Levy 

By City Council 



Total 



31 



Independence School District 

By School Board 



Teachers 19.3 

Contingent 12 

School House 13 



Total 



44.3 



The general levy for state and county purposes is the 
same throughout the county. Incorporation, under city 



TAXATION 55 

levy, includes not only the expense of running the city 
government, but city water, lights and other public utilities. 
People living outside of the incorporation do not pay this, 
but are required to pay a road tax of approximately six 
mills for township and county roads in addition to their 
school district levy and the general levy. The total levy 
for taxpayers in Independence is ninety-five and four- 
tcnths mills on the dollar for the year indicated. 

Special Taxes. In addition to the tax on property 
each male citizen between the ages of 21 and 45 years must 
pay a poll tax and a road tax, unless he is exempt. Hon- 
orably discharged soldiers, members of the National Guard 
and firemen are not required to pay these taxes. Some- 
times special assessments are levied against property. For 
example, when a street is paved adjacent property owners 
are required to pay their proportional share of the cost. 

The taxes thus far enumerated are for the support of 
local and state government. In addition to these, we are 
sometimes called upon to pay taxes to support the national 
government ; this form of taxation is explained in Part III, 
pages 217-219. 

Collection of Taxes. To aid the county treasurer in 
the collection of taxes, that officer is empowered to appoint 
collectors to whom powers are assigned by law. Owing to 
the difficulty of collecting taxes on personal property when 
the owner does not also own real estate, tax collectors have 
an important work to do. " Tax ferrets," as they are called, 
have increased the revenues of nearly every county in the 
state during the past few years, by searching the county 
records for moneys and credits not properly listed by their 
owners. These persons are not public officers. They under- 
take to do this work for a certain percentage of the taxes 
collected through their efforts. 

Taxes levied in any year become due on the first of 



56 IOWA AND THE NATION 

January and delinquent on the first day of March following. 
If taxes are paid before the first of April after they 
become due, no interest is charged, but if not paid then, 
interest is charged on the amount of the taxes at the rate 
of one per cent a month from the first of March, the time 
they become delinquent. If, however, a person pays one- 
half of his tax before April first, the other half need not 
be paid till the last day of September, and no penalty will 
be charged. 

Tax Receipts. The treasurer makes out and delivers to 
each taxpayer a receipt, stating the time of payment, the 
description and assessed value of each parcel of land, the 
assessed value of all property belonging to him, the amount 
of each kind of tax, the interest and costs that have accrued, 
if any, giving a separate receipt for each year. 

Tax Sale. On the first Monday in December of each 
year, the county treasurer is required to offer at public sale 
at his office, all lands, town lots and other real property on 
which taxes of any description for the preceding year, or 
years, are due and unpaid. This tax sale is made for the 
total amount of such unpaid taxes, together with interest 
and legal costs of advertisement and sale. 

Exemptions. In general, the following classes of 
property are exempt from taxation and are not assessed. 
The property of the United States and of the state of Iowa, 
including school lands and all property leased to the state; 
the property of school districts, townships, incorporated 
towns, cities and counties, when used exclusively for the 
benefit of the public and not for profit ; the property of 
literary, scientific, benevolent, agricultural and religious 
institutions which is devoted to the appropriate uses of 
these institutions ; the estates of persons who, by reason of 
age or infirmity, are unable to contribute to the public 
revenue; farming utensils and the tools of any mechanic 



TAXATION 57 

actually needed and used by him in earning a livelihood ; 
and government or state lands during the year in which 
they may have been sold to private parties. 

QUESTIONS AND SUGGESTIONS 

1. What is the purpose of taxation? Define taxation. 

2. What property in your community is free from taxes? 
Why? What general classes of private property are free 
from taxation? 

3. Distinguish between real and personal property. 
Under which class would each of the following come: 
horses, fences, trees, coal mines, houses, pianos, diamonds, 
money, automobiles, windmills, railroads? 

4. Trace the various steps necessary to take private 
property for public purposes. 

5. Why should a man who has no children pay a school 
tax? Does the school increase the value of his property? 

6. Do people object to high taxes? W r hat improvements 
might your community provide if there were a general 
willingness on part of the people to pay taxes ? Why should 
all citizens be public spirited? 

7. What may be done when a property owner refuses 
or neglects to pay his taxes? 

8. Secure a copy of tax receipt for your county and 
compare the levy printed on the reverse side of it with 
the levy in the book. 

9. Is a person dishonest who fails to tell the assessor 
the full amount and value of his property? 

10. The following are suggested for outside study and 
class discussion : The single tax, income tax, inheritance 
lax, indirect taxes. 



CHAPTER VII 

EDUCATION 
I. The Public School System 

Origin. The Ordinance of 1787, by which the North- 
west Territory was organized, declared that " Religion, 
Morality and Knowledge being necessary to good govern- 
ment and the happiness of mankind, schools and the means 
of education shall forever be encouraged." When Iowa 
became a separate territory in 1838, the territorial legisla- 
ture took immediate steps to organize a system of public 
schools, but owing to lack of means for support, the system 
was not established on a working basis until about ten years 
after the state was admitted into the Union. 

In the early years all schools were conducted as private 
enterprises, the teachers obtaining their support from tuition 
charged the pupils. These schools gradually gave way to 
public schools as the state became more densely populated, 
and the development of her resources made the support of 
public schools possible. This system has been developed 
from small beginnings, until it has become one of the best 
in the country. 

Educational Opportunities. The people of Iowa have 
provided almost unlimited opportunities for those who wish 
to continue their education beyond the requirements of the 
compulsory attendance law. After the course of study for 
the first eight years, or common school course, as it is called, 
is completed, any pupil of school age in the state may pursue 

58 



EDUCATION 59 

an additional four-year high school course. If the school 
district in which he lives does not provide such a course 
he may attend high school in a district which does, and the 
district in which he lives will be required to pay the tuition 
not to exceed three dollars and fifty cents a month. After 
completing an accredited high school, any student in Iowa 
may secure a college or university education practically 
free of cost at the State Teachers' College, the College of 
Agriculture and Mechanic Arts, or the State University 
of Iowa. These great educational institutions will be studied 
more fully in a later chapter entitled " State Institutions," 

Compulsory Education. The Twenty-ninth General 
Assembly enacted a law providing for the compulsory 
attendance of children at school for at least twenty-four 
consecutive weeks every year. The law applies to children 
between the ages of seven and fourteen years. By the pro- 
visions of the law, truant officers are provided for, and a 
system of reports from teachers to those intrusted with the 
enforcement of the law is also required. Violations of the 
law are to be punished by a system of fines, and habitual 
truants may be dealt with according to such reasonable 
methods of punishment as the board of directors may pro- 
vide. The Thirtieth General Assembly amended the previous 
law so as to fix the time of attendance, " commencing with 
the first week of school after the first day of September, 
unless the board of school directors shall determine upon a 
later date, which date shall not be later than the first Mon- 
day in December." 

School Corporations. There are two general classes 
of school corporations in Iowa. These are ( 1 ) school town- 
ships, (2) independent districts. Independent districts may 
be subdivided thus: (1) Rural independent, (2) city, town 
and village independent, (3) consolidated independent. 

The School Township. The boundaries of the school 



! 



60 IOWA AND THE NATION 

township coincide with those of the civil township. Each 
school township is separated into as many sub-districts as 
may be necessary, and a member of the board of directors, 
called a sub-director, is chosen from each sub-district by 
its qualified voters. The sub-directors of a township are 
chosen on the first Monday in March of each year for a 
term of one year, and all the sub-directors of the township 
constitute the board of directors. If the sub-districts are 
even in number, the electors choose one additional director 
from the township at large, on the second Monday in 
March. 

On the second Monday in March, the qualified voters of 
the school township meet to transact business of a general 
nature connected with the management of the schools of the 
township. If it is necessary to build a new schoolhouse in 
the township, the money must be raised by a tax voted at 
this meeting. If any school property is to be disposed of, 
the sale must be ordered at this meeting. 

Rural Independent. The sub-districts of school town- 
ships may become rural independent districts by a majority 
vote in each sub-district, one-third of the voters in each 
sub-district having petitioned the board of the school town- 
ship that such meeting be called. The board of directors in 
such districts consists of three members. 

City, Town and Village Independent. When ten voters 
in any city, town, or village containing over one hundred 
residents petition the school board in which the largest num- 
ber of residents of the city, town or village live, such board 
shall establish the boundary of the proposed district, includ- 
ing all of the city, town or village and shall call an election 
therein. If the majority of the voters at such election vote 
in the affirmative the proposed district becomes an inde- 
pendent city, town or village school district. In all such 
districts containing cities of the first class or special charter 



EDUCATION 61 

cities the board of directors consists of seven members. In 
all other such districts the board consists of five members. 

Consolidated Independent. There is a strong sentiment 
in the country for consolidated rural schools, growing out 
of a general desire not only to improve rural schools but 
to make rural social life more attractive. In these schools 
rural pupils have the advantage of a graded school with 
modern equipment, and the building is usually so con- 
structed that it may be converted into a hall for social 
gatherings, thus becoming a " community center " for the 
district. 

To organize such a district a third of the voters sign a 
petition and present it to the school board of the district 
containing the largest number of people in the proposed 
district. Such district must contain at least sixteen sections 
of land and be approved by the county superintendent. A 
school election is then called and if the majority of the 
voters favor the proposition the district becomes a con- 
solidated independent district. Five directors manage the 
affairs of such district, and one of their duties is to provide 
free transportation for all persons of school age living in 
the district. The state of Iowa encourages the formation 
of such districts by giving them a sum of money known as 
" state aid." 

Directors of Independent Districts. Directors in all 
independent districts are elected on the second Monday in 
March for a term of three years. Their terms are so 
arranged that there shall be a majority of experienced 
directors on the board each year. 

Annual Meetings of All School Boards. The boards of 
directors in township and independent rural districts must 
hold an annual meeting on the first day of July unless that 
date falls on Sunday, in which case on the day following, 
for the purpose of examining the books of and settling with 



62 IOWA AND THE NATION 

the secretary and the treasurer for the year, and for the 
transaction of such business as may regularly come before 
them. The board then adjourns and the new board meets 
for the purpose of organizing by electing a president from 
their members and a secretary and a treasurer from outside 
their membership, the latter serving without salary. 

The board of directors in all other districts meets on the 
third Monday in March for the purpose of electing a presi- 
dent and organizing, and on the first of July for the purpose 
of examining the books of the secretary and the treasurer, 
and electing a secretary for the year. The treasurer in dis- 
tricts composed in whole or in part of towns is not chosen 
by the directors, but is elected by the voters on the second 
Monday in March for a period of two years, and serves 
without salary. 

Powers of Directors. School directors have charge of the 
general management of the schools with power to make 
reasonable rules and regulations, levy the tax for the 
teachers' and contingent funds, and employ teachers. They 
also have power to carry out any instructions given by the 
voters at the regular meeting or at special meetings called 
for that purpose. 

School Funds. The money for the support of the 
public schools is obtained from the following sources : 

1. The Permanent Fund. The permanent fund is 
obtained from the sale of lands granted for school purposes 
and from money obtained from the estates of deceased 
persons who may have died without leaving any will or 
lawful heirs. 

In 1845 the Congress of the United States set apart the 
sixteenth section of land in every unorganized congressional 
township for school purposes. When Iowa was admitted 
into the Union, Congress granted the new state 500,000 
acres additional land for school purposes, and by a later 



EDUCATION 63 

act five per cent of the sale of all public lands in any state 
is paid into the state treasury for the benefit of the schools 
of the state. This money is distributed among the counties 
of the state, and loaned on real estate security under the 
direction of the boards of supervisors. There never can 
be any loss of money from the fund, for, should any county 
fail to invest the money properly, the interest must be paid 
out of the general county fund until such time as the money 
can be returned to the school fund. The permanent school 
fund can never be appropriated to any other use. 

Semi-Annual Apportionment. The interest upon the 
permanent school fund is distributed among the different 
counties of the state twice a year, and on this account it is 
known as the semi-annual apportionment, or public money, 
as it is frequently called. The basis of distribution of inter- 
est is found by dividing the amount to be distributed by the 
number representing all the persons of school age in the 
state. The treasurer of each school district receives for the 
benefit of the teachers' fund of that district as many times 
the basis of distribution as there are persons of school age 
in the district. This interest is increased in each county by 
the net proceeds of all fines and forfeitures paid into the 
county treasury, and the amount received from the county 
school tax of from one to three mills on the dollar, which 
is levied by the county supervisors. 

2. Local Tax. By far the greater portion of the money 
needed for school purposes is raised by a tax levied in the 
district in which the school is located. In addition to this 
local tax there is a county school tax of not less than one 
mill nor more than three mills levied by the board of super- 
visors ; also a small sum derived from fines and forfeitures 
in each county, and from tuition of non-resident pupils. 

Division of Funds. The money for the support of 
schools is kept in three separate funds in each district. 



64 IOWA AND THE NATION 

These are known as the teachers' fund, which is used for 
the payment of teachers ; the schoolhouse fund, used in 
building and repairing schoolhouses and purchasing school 
grounds ; and the contingent fund, which is used in the 
purchase of supplies and the payment of the incidental 
expenses of the school. Nearly all of the money needed for 
the support of any school is raised by a tax levied on the 
taxable property of the district in which the school is 
located. 

Teachers' Fund. The teachers' fund is derived from the 
semi-annual apportionment which includes the interest on 
the permanent school fund of the state, fines and forfeitures 
of various kinds, and a county school tax of not less than 
one mill, nor more than three mills, on a dollar, which is 
levied by the board of supervisors on the taxable property 
of the county. The money paid by non-resident pupils as 
tuition for the privilege of attending school in a district in 
which they do not reside also forms a part of this fund. 
In addition to these sums, the directors of each district on 
the first day of July, or between that time and the third 
Monday in August of each year, vote to raise a tax for 
teachers' fund upon the property of their district, not to 
exceed thirty dollars for each person of school age, except 
as provided for in the next paragraph. 

Contingent Fund. The contingent fund is raised by 
taxation on the property of each school district, and is 
estimated by the board of directors at the time of estimating 
the teachers' fund. The amount raised for contingent 
expenses cannot exceed ten dollars per pupil, except in 
thinly settled districts where that amount and twenty dollars 
per pupil for teachers' fund is not sufficient to maintain 
the schools for six months of twenty days each as required 
by law. Seventy-five dollars contingent fund and $275 
teachers' fund including the semi-annual apportionment, 



EDUCATION 65 

may.be raised for the support of each school in the state 
every year. 

Schoolhouse Fund. The schoolhouse fund is derived from 
the tax upon the property of any district in which a school- 
house is to be built or repaired. This tax is voted by the 
electors of the sub-district or school township, and cannot 
exceed ten mills on the dollar when levied upon the property 
of the entire township. At the sub-district meeting held on 
the first Monday in March, the electors may vote to raise 
a certain sum of money for the erection of a schoolhouse. 
If the electors at the school township meeting, the following 
Monday, refuse to grant any or all of this amount, the tax 
is levied on the property of the sub-district, not to exceed 
fifteen mills on a dollar of valuation. As a rule, the school- 
house tax is levied upon the whole district and expended in 
the sub-districts as occasion may require. 

School Libraries. The treasurer of each school town- 
ship and rural independent district is required to withhold 
annually, from the semi-annual apportionment, not less than 
five nor more than fifteen cents for each person of school 
age residing in the district, for the purchase of books for a 
school library. This law may be applied to town and city 
districts by vote of the boards of directors thereof. 

Taxes Certified. The district secretaries certify all 
taxes for school purposes to the county auditor on or before 
the third Monday in August, and the levy of the taxes is 
made by the board of supervisors at the time of levying the 
taxes for county purposes at their regular meeting in Sep- 
tember. See Chapter VI, Taxation. 

Vocational Education. We have learned that if a per- 
son is to be a good citizen, he must not only be intelligent 
but useful as well. Recent investigations have shown that 
a great deal of the crime, pauperism, discontent and other 
social evils are the result of a large class of citizens known 



66 IOWA AND THE NATION 

as the " non-employable." Many of these have completed 
the common schools, but having learned no trade or other 
vocation, are poorly prepared to earn a living and drift 
from one hopeless occupation to another, and finally are 
either too old to learn or are unwilling to work for the 
small wage offered an apprentice, or beginner. 

This condition has led a great many educators to conclude 
r.hat our public schools must do much more than to give 
young people a certain amount of k> book learning." Many 
schools are now bringing young people into direct contact 
with the great world of industry. They are not only making 
an effort to give the student a sympathy with the great 
number of desirable occupations, and a knowledge of their 
advantages and disadvantages, but seek in every possible 
way to give him such vocational guidance as will better 
enable him to find a vocation in which he will be happy. 
Many vocations are termed " blind alleys " because they 
do not lead to anything higher and a person reaches his 
highest earning power in them at the age of sixteen or 
eighteen. Schools are providing instruction which will 
enable young people to avoid such occupations, and thus 
reduce the numbers of discouraged, unfortunate, idle and 
unemployed citizens. 

Not only are our schools providing vocational guidance, 
but many of them are affording opportunities for young 
people to learn a trade or other occupation while attending 
school. Vocational subjects are taught with two general 
ends in view : ( 1 ) to give actual skill in a particular voca- 
tion enabling the student to earn a living thereby; and (2) 
to vitalize and motivate the ordinary school subjects, and 
to broaden the student's knowledge of the practical affairs 
of life. In this way, domestic science vitalizes or gives 
interest to arithmetic, chemistry, physiology and hygiene and 
other subjects, while agriculture and manual training may 




One-Room Rural School 




Consolidated Rural School 



EDUCATION 67 

serve a similar purpose. The Thirty-fifth General Assembly 
provided that agriculture, domestic science and manual 
training be taught in all public schools of Iowa. 

Another form of vocational training found in a large 
number of high schools in the state is normal training. The 
object of this course of study is to prepare teachers for the 
rural schools. After satisfactorily completing a course of 
study prescribed by the state department of public instruc- 
tion, students are granted a state normal training certificate 
which entitles them to teach in any school in Iowa. The 
state pays each such school $750 each year to aid it in 
carrying on the work. 

The Community Center. School plants are being used 
more and more as social centers for the community. It 
seems right that the schools which are the property of all 
the citizens should be used for purposes where all may 
meet in common. Many schools both in rural and city 
districts are being used for community gatherings where 
politics, civic improvement and many other matters of 
public interest are discussed. They are used also for lec- 
tures, entertainments, Boy Scout, Camp Fire Girls and other 
gatherings. High school plants with gymnasium facilities, 
with moving picture and stereopticon apparatus increase 
the opportunities of using the school as a center of improve- 
ment for the community. 

Buildings and Grounds. There is probably no particu- 
lar in which there has been a greater change in our schools 
than in the buildings, equipment and grounds. Modern 
school buildings are properly lighted, heated and ventilated. 
The dangers of unsanitary buildings, where disease is easily 
communicated, where the eyes are injured by wrong light- 
ing, and where the bodies are often deformed by improper 
seats and desks, cannot be too greatly emphasized. 

Large, well-equipped school grounds, which may be used 



68 IOWA AND THE NATION 

in the summer months as well as during the regular school 
year, are being provided. Many modern country schools 
have playgrounds, covering fifteen or twenty acres. Most 
playgrounds are much smaller, of course, especially in the 
cities where space is limited, but in many of these places 
playground experts are employed to direct the play of 
children, for it is now realized that many of the most 
important lessons of life are learned through well-directed 
games. 

County Superintendent. The county superintendent is 
the chief school officer of the county. He is elected by a 
board consisting of the presidents of each school township, 
consolidated independent and city independent school dis- 
trict, together w T ith a representative of each township, com- 
posed in whole or in part of rural independent districts. 
The election occurs on the first Tuesday in April every 
third year, and he assumes the duties of his office on the 
first secular day of September following his election. 

The county superintendent, who may be of either sex, 
must be the holder of a first-grade certificate, or a life 
diploma. During his term of office he cannot hold the 
office of school director, nor be a member of the board of 
supervisors. 

He serves as the organ of communication between the 
superintendent of public instruction, and the school town- 
ship and independent district authorities. He sees that 
these officials and the teachers of his county are supplied 
with all necessary blanks, and that they receive all cir- 
culars or other communications designed for them. 

He is required to visit schools and promote the best 
methods of instruction, to hold examinations for those 
desiring teachers' certificates, and to perform such other 
duties as the law requires. His minimum compensation is 
$1,500 a year. The board of supervisors, however, may allow 



EDUCATION 69 

him such additional compensation "as may be just and 
proper." He is also allowed the expenses necessary for 
office stationery and postage, and the expenses incurred in 
attending the meetings called by the superintendent of public 
instruction. 

Normal Institute. The county superintendent is required 
to hold at least one but not more than two county teachers' 
institutes at such times as the schools are generally in ses- 
sion. A normal institute is a special training school for 
teachers, and the county superintendent employs several 
prominent teachers to carry on the work. No person can 
be employed to teach in an institute without the consent of 
the state superintendent of public instruction. 

Teachers' Certificates. Although the county superin- 
tendent is required to conduct teachers' examinations, he 
does so under the direction of the educational board of 
examiners, by whom all licenses to teach are now issued. 
At stated times, examinations are conducted in each county 
by the county superintendent, but the manuscripts are 
examined and certificates granted to applicants found quali- 
fied by the state board. A life diploma is valid during the 
life of the holder. State certificates are issued for five years 
and also for two years and county certificates for terms 
varying from six months to three years according to 
qualifications of the holders. The fee charged for exam- 
ination for a life diploma is five dollars ; that for a two 
year certificate, two dollars, and for uniform county cer- 
tificates, one dollar. All grades of certificates are valid in 
any county in the state when registered with the county 
superintendent. 

The following grades of certificates are now authorized 
by law in this state: life diplomas, state- and special cer- 
tificates, and first, second, and third grade certificates, all of 



70 IOWA AND THE NATION 

which are issued by the educational board of examiners of 
the state. 

Appeals. Any person who is not satisfied with the action 
of any school board may appeal from the board to the 
county superintendent. The appeal must be made within 
thirty days after the decision of the local board, and in a 
manner prescribed by law. The county superintendent can- 
not, however, decide cases involving the election of school 
officers or the payment of money. Such cases cannot be 
taken before him on appeal, but must be tried in the courts. 

Report. On the last Tuesday in August of each year, 
the county superintendent is required to render the state 
superintendent of public instruction a complete abstract and 
summary of the reports made to him by the secretary and 
treasurer of each district in the county, together with much 
other valuable information concerning the schools under 
his charge. This report shows the total value of school 
property in the county, the number of schools, teachers 
employed, pupils enrolled, persons of school age, the amount 
expended for the support of schools during the year, and 
many other items of interest. 

At the same time, he is required to file with the county 
auditor a statement of the number of persons of school age 
in each school district in the county. He reports to the 
officers of the different state institutions for the unfor- 
tunate, the name, age and residence of each person of school 
age who is blind, deaf and dumb, or feeble minded. 

II. State Department of Education 

Origin. The state department of education took the 
place of the board of education in 1864. 

Superintendent of Public Instruction. The state 



EDUCATION 71 

superintendent of public instruction is appointed by the 
governor for a term of four years. He is at the head of the 
public school system and has general supervision of the 
schools of the state. He holds conventions of county super- 
intendents, from time to time, for the purpose of giving 
explanations and instructions that will advance the interests 
of school work throughout the state. By virtue of his office 
he is president of the educational board of examiners. He 
renders a written opinion to any school officer who may 
desire it, and also decides all appeals from the county 
superintendent, when properly made. 

School Laws. At the end of every fourth year, he has a 
sufficient number of the school laws and decisions printed 
to supply each district in the state with at least one copy, 
bound in cloth, and enough paper-covered copies of the 
school laws to furnish one to each school officer in the state. 

Reports. On the first day of January of each year, he 
reports to the auditor of state the number of persons of 
school age in each county. On or before November first 
of each even-numbered year, he reports to the governor the 
number of teachers, schools and schoolhouses, the condi- 
tion of the public schools, and such other information as 
has been reported to him by the county superintendents. The 
proceedings of the state teachers' association are also pub- 
lished under his direction for distribution according to law. 
It is also his duty to appoint a normal institute in each 
county, annually, upon the request of the county 
superintendent. 

Salary. He is provided with an office at the seat of gov- 
ernment, in which he keeps all the records, reports and 
other public documents belonging to his office. His bond is 
not less than $2,000. His compensation is $4,000 a year, 
and that of his deputy, $2,500. 



72 IOWA AND THE NATION 

Educational Boards of Examiners. The educational 
board of examiners is composed of the state superintendent 
of public instruction, the president of the state university, 
the president of the state teachers' college, and two other 
persons, appointed by the governor for the period of four 
years. One of the persons appointed must be a woman, 
and no person is eligible to re-appointment. The super- 
intendent of public instruction is, ex-officio, president of the 
board. A secretary is also employed at a salary of $75 a 
month. 

III. State Educational Institutions 

State University. Iowa has been very liberal in estab- 
lishing higher institutions of learning and in providing for 
the unfortunate of all classes. The State University was 
organized by the constitution and permanently located in 
Iowa City in Johnson county. The other institutions have 
been established by acts of the General Assembly, passed at 
different times in our history. 

Purpose. The State University was established for the 
purpose of furnishing young men and women the best 
means of obtaining a liberal education. In order to foster 
higher education, Congress, before Iowa was admitted into 
the Union, passed a law granting to new states two town- 
ships of land to aid in establishing a State University in 
each. When this land was sold the money received became 
a permanent fund for the benefit of the university. This 
money is permanently invested and the interest on it is used 
for the support of the institution. Recent general assemblies 
have increased the general support fund of the institution 
and granted special appropriations for buildings until at 
the present time the annual income of the university is 
over a half million dollars. 



EDUCATION 73 

Courses of Study. The university embraces a graduate 
college, colleges of liberal arts, law, medicine, homeopathic 
medicine, dentistry, pharmacy and applied science, a school 
of political and social science, a school of music and two 
nurses' training schools. The college of liberal arts offers 
classical and scientific courses as well as special courses for 
the training of teachers. The college of applied science' 
offers courses in civil, electrical, mechanical, sanitary, min- 
ing and chemical engineering, besides courses in forestry 
and chemistry. There are about 3,000 students in 
attendance. 

Iowa State College. The agricultural college and farm 
were provided for by the General Assembly in 1858. Com- 
missioners were soon afterwards appointed, and the site for 
the college was located at Ames, in Story county. In 1862, 
Congress passed a law granting to each state 30,000 acres 
for each senator and representative the state had in congress. 
According to the provisions of this law, the agricultural 
college of Iowa received 240,000 acres. This land was sold 
in after years, and the interest on the money received from 
the sale of it is used for the benefit of the school. The law 
of Congress requires that the buildings must be erected 
and kept in repair at the expense of the state. 

Purpose. The purpose of the school is to furnish instruc- 
tion in the branches of study relating to agriculture and the 
mechanic arts, without excluding other classical and scien- 
tific studies. The courses provide for the systematic study 
of agriculture and dairying, veterinary science, civil, 
mechanical and electrical engineering, and a four-years' 
course for ladies. The tuition is free to all inhabitants of 
the state over sixteen years of age. The farm is an excel- 
lent one, and consists of nearly 900 acres of land specially 
suited to the needs of the school. An experiment station 
is maintained at the expense of the state. 



74 IOWA AND THE NATION 

The State Teachers' College. The State Teachers' Col- 
lege was established by the General Assembly in March, 
1876, at Cedar Falls, Black Hawk county, as the State 
Normal School, and was formally opened the following- 
September. The buildings and grounds were the property 
of the state, they having been provided for the use of the 
Soldiers' Orphan Home some years before. The object 
of the school is to provide for the special instruction and 
training of teachers for the common schools of the state. 

Purpose. The course of study embraces literature, 
mathematics, history, the elements of the sciences, and 
didactics. A preparatory department has recently been 
established. How to teach each branch of study pursued 
is made a prominent feature of all the work of the school. 
This institution is in a very flourishing condition, and its 
influence is felt in raising the standard of educational work 
in the state. There are now about 2,000 students in 
attendance. 

Course of Study. Many courses of study are now pro- 
vided. The scientific course of four years is designed to 
prepare students for life diplomas. The didactic course of 
three years includes all the branches upon which applicants 
are examined for state certificates. There are also special 
courses for college and high school graduates who desire to 
study the science and art of teaching. A contingent fee 
amounting to ten dollars a year is charged all students who 
intend to teach on leaving the school. There is no regular 
charge for tuition except to those who do not intend to teach. 

State Board of Education. In 1909 a law was passed 
by the legislature which places the State University, the 
Iowa State College, and the Teachers' State College under 
the management of a single board of control. This body 
is called the State Board of Education and it consists of 
nine members. The term of office of members is six vears, 



EDUCATION 75 

and they are appointed by the governor with the consent of 
the senate. The board of education select a finance com- 
mittee of three, outside of its own membership, and to this 
committee is entrusted the management of the financial 
affairs of the educational institutions above mentioned. 
Members of the board of education are paid seven dollars 
for each day employed, not to exceed sixty days in any one 
year, and mileage. Members of the finance committee are 
required to devote their entire time to the discharge of their 
duties, and are allowed an annual salary of $3,500 dollars 
each and actual expenses. 

College for the Blind. This college was opened for the 
reception of pupils at Iowa City, April 4, 1853. Five years 
later, the board of trustees met at Vinton, Benton county, 
and, in accordance with law, began the erection of a suitable 
building at that place. In 1862 the building was so far 
completed, that the school, consisting of about forty pupils, 
was opened in it. 

The college for the blind was placed under the control 
of the State Board of Education in 1911. 

All blind persons of suitable age, residents of the state, 
may receive an education here free of charge, and residents 
of other states may be admitted upon the payment of their 
estimated expenses, quarterly in advance. No person from 
another state will be received to the exclusion of any resi- 
dent of Iowa. 

The course of study includes all the common branches 
and many others usually taught only in the best high schools. 
Music receives special attention, and musical instruments 
of all kinds have been provided for the instruction or 
amusement of the pupils. The girls are taught to sew, knit, 
crochet, weave, and to do many other useful things. The 
boys are taught to make brooms, weave carpets, and to do 
such other work as will enable them to be self-supporting. 



76 IOWA AND THE NATION 

Iowa School for the Deaf. The institution for the deaf 
and dumb was established at Iowa City, in 1853, permanently 
located at Council Bluffs, July 4, 1866, and removed to that 
place in 1871. Every deaf and dumb child in the state, 
of suitable age, is entitled to an education in this school, at 
the expense of the state. The instruction given is of a 
very practical nature, and the course of study embraces those 
branches that will be of the greatest benefit to the pupils. 

Institution for Feeble-Minded Children. In the words 
of the statute, " The purposes of this institution are to train, 
instruct, support and care for feeble-minded children." It 
is located at Glenwood, Mills county. The management is 
in the hands of a superintendent, who is appointed by the 
Board of Control. He gives bonds for the faithful per- 
formance of his duties, in such a sum as the board may 
direct. Every resident of the state, between the ages of 
five and twenty-one years who by reason of deficient intel- 
lect, is rendered unable to acquire an education in the com- 
mon schools, is entitled to the advantages offered by this 
institution, free of charge. 

The term " feeble-minded " is intended to include idiotic 
children, and a separate department is provided for those 
who cannot be benefited by educational training. All feeble- 
minded persons under the age of forty-six, and residents of 
Iowa, may now be received as members of this institution. 

QUESTIONS AND SUGGESTIONS 

1. In what kind of school corporation do you live? Name 
the present directors. 

2. What are the advantages of consolidated rural 
schools ? How does the state encourage consolidation ? 

3. Is a school township more like a congressional town- 
ship or more like a civil township? Distinguish the three 



EDUCATION 77 

kinds of townships. Do the school township and civil town- 
ship differ more in physical area or in organization and 
function ? 

4. Name the general powers of school directors. Make 
a list of as many specific things as you can which a board 
might do under its power to have charge of the general 
management of the schools. 

5. Distinguish clearly between the school meetings that 
occur on the first Monday in March, the second Monday in 
March, the third Monday in March, and the first day of 

July. 

6. From what different sources does the money come 
for the support of schools? In what funds is all this 
money placed? 

7. Name as many advantages as you can of well-equipped 
and well-directed school playgrounds. 

8. Can pupils study better in well-ventilated schools? 
Name the things in which great care should be taken in 
constructing new school buildings. If you do not have a 
modern school building, secure plans and specifications of 
one from the county superintendent or from an architect, 
and make a careful study of them. 

9. For what activities is your school plant used as a 
community center? 

10. What is vocational education? What is vocational 
guidance? What vocational subjects are required by law to 
be taught in all Iowa schools? Do you know of any voca- 
tional subjects that are being taught in schools? What are 
" blind alley " vocations ? Secure as much information as 
you can concerning the vocations in your community. 

11. Why must we have free schools in a government 
" by the people " ? In what ways may ignorant voters be 
dangerous? In what ways may intelligent voters help to 
make their community, their state and their nation better? 



78 IOWA AND THE NATION 

THE SONG OF IOWA 

i 
You ask what land I love the best, 

Iowa, 'tis Iowa, 
The fairest State of all the west, 

Iowa, O ! Iowa. 
From yonder Mississippi's stream 
To where Missouri's waters gleam 
O! fair it is as poet's dream, 

Iowa, in Iowa. 

ii 
See yonder fields of tasselled corn, 

Iowa, in Iowa, 
Where Plenty fills her golden horn, 

Iowa, in Iowa. 
See how her wondrous prairies shine 
To yonder sunset's purpling line, 
O ! happy land, O ! land of mine, 

Iowa, O ! Iowa. 

m 
And she has maids whose laughing eyes, 

Iowa, O ! Iowa, 
To him who loves were Paradise, 

Iowa, O ! Iowa. 
O ! happiest fate that e'er was known, 
Such eyes to shine for one alone, 
To call such beauty all his own, 

Iowa, O ! Iowa. 

IV 

Go read the story of thy past, 

Iowa, O ! Iowa, 
What glorious deeds, what fame thou hast ! 

Iowa, O ! Iowa : 
So long as time's great cycle runs, 
Or nations weep their fallen ones, 
Thou'lt not forget thy patriot sons, 

Iowa, O ! Iowa. 

— S. H. M. BYERS. 






PART II 



STATE GOVERNMENT 

CHAPTER I 

IOWA 
I. History 

Discovery. The discovery of Iowa was made by two 
Frenchmen, James Marquette and Louis joliet, in 1673. 
Iowa is an Indian name which means " The Beautiful Land," 
and the state seems to have been properly named. France 
laid claim to the territory along the Mississippi River on 
account of the so-called right of discovery, and, for ninety 
years, Iowa belonged to France. In 1763 the French king 
granted his possessions in the Mississippi Valley to Spain, 
but Napoleon compelled that nation to make a secret grant 
of this territory to him, in 1801. In 1803, the United States 
bought from Napoleon the tract of land known as the 
Louisiana Purchase, for $15,000,000. The tract contained 
about 1,000,000 square miles, and the purchase price 
amounted to less than two and one-half cents per acre. 

Settlement. In 1788, Julien Dubuque obtained per- 
mission from three chiefs of the Sacs and Foxes to dig for 
lead ore on the west bank of the Mississippi. The same 
year, he staked out a claim containing nearly 200 square 
miles, and opened several mines which he continued to work 

70 



80 IOWA AND THE NATION 

for more than twenty years. Dubuque, with his ten asso- 
ciates, formed the first settlement made by the whites in 
Iowa, and the city and county of Dubuque were named in 
his honor. Other Frenchmen settled along the Mississippi 
north of Dubuque, about the beginning of the present cen- 
tury, but the settlements were very feeble. 

History of Territory. In 1804, the Louisiana Purchase 
was divided by the thirty-third parallel of north latitude, 
the southern part to be known as the territory of Orleans, 
the northern part, as the district of Louisiana. The district 
of Louisiana, embracing the present states of Arkansas, 
Missouri, Iowa and Minnesota, and the unexplored regions 
westward to the Rocky Mountains, was attached to Indiana, 
with William Henry Harrison for first governor. Eight 
years later, Iowa was organized as a part of the territory of 
Missouri. In 1821, when Missouri was admitted into the 
Union, Iowa was left out in the cold, politically, and no pro- 
vision was made for the remainder of the Louisiana Pur- 
chase until 1834, when it became a part of the territory of 
Michigan. This connection lasted but a short time, how- 
ever, for two years later, Iowa became a part of the territory 
of Wisconsin. 

Iowa Territory. In 1838, that part of the territory of 
Wisconsin lying west of the Mississippi was organized as 
the territory of Iowa, and Robert Lucas, of Ohio, was 
appointed governor. Under his direction, the first census 
was taken, members of the legislature were chosen, and 
civil government in Iowa was begun. The act of congress 
that provided for the organization of this territory gave 
the governor full power to veto any and all acts of the 
legislature. 

Constitutional Convention. In 1840, and again in 1842, 
attempts were made to call a convention to draft a state 
constitution, but without success. In 1844, however, a con- 



IOWA 81 

yention called for this purpose, met in Iowa City, and 
drafted a constitution, which prescribed boundaries differing 
very much from the present boundaries of Iowa. Within 
these limits was included a large part of what is now Minne- 
sota, as well as all of Iowa, except a small portion of the 
northwestern part of the state, embracing the counties of 
Lyon, Osceola and Sioux, and parts of three or four adjoin- 
ing counties. 

Iowa a State. These boundaries proved to be unsatis- 
factory to Congress, and new ones were proposed by that 
body. The meridian of 17° 30' west from Washington was 
to be the western boundary, and the northern boundary 
was changed so as to limit the state in that direction also. 
In April, 1845, this constitution, owing to the dissatisfac- 
tion with regard to the boundaries, was rejected by the 
people. After another unsuccessful attempt in the follow- 
ing year, a constitution with the present boundaries, which 
had been proposed by Congress, was adopted August 3, 1846, 
and December 28, of the same year, Iowa, the twenty-ninth 
state, was admitted into the Union. 

Old Constitution. The constitution, adopted by the people 
of Iowa just before the state was admitted into the Union, 
is known as the old constitution. Some of its provisions 
proved to be unsatisfactory, and, in the early part of 1857, 
a convention met at Iowa City, and drafted the present 
constitution. The work of this convention was completed 
in March of that year. Several of its members afterwards 
held important positions in the state and nation. 

New Constitution. By its own terms, this draft of a con- 
stitution was submitted to the electors of the state at an 
election held in August, 1857. A majority of the votes 
cast at that time were in favor of its adoption, and the 
governor immediately issued a proclamation declaring the 
new constitution to be the supreme law of Iowa. 



82 IOWA AND THE NATION 

Early Settlers. Reference has already been made to the 
early settlements in Iowa. The permanent settlement of 
the state did not begin until after the close of the Black 
Hawk War, in 1832. In June of the next year, people from 
Illinois, Wisconsin and Michigan pushed across the Missis- 
sippi, and staked out claims at Fort Madison, Burlington, 
Davenport and several other places along the river. 

A noted author, in speaking of these settlers, says : " The 
pioneers of Iowa as a class were brave, hardy, intelligent 
and enterprising people. Among those who have pioneered 
the civilization of the West, and been founders of great 
states, none have ranked higher in the scale of intelligence 
and moral worth than the pioneers of Iowa who came to 
the territory when it was still an Indian country, and 
through hardship, privation and suffering, laid the founda- 
tions of this great and prosperous commonwealth, which 
today dispenses her blessings to more than a million and a 
half of people. In all the professions, arts, industries and 
enterprises which go to make up a great and prosperous 
people, Iowa has taken and holds a front rank among her 
sister states of the West." 

Indian Claims. The territory obtained from the 
Indians by the Black Hawk Purchase extended along the 
Mississippi from the northern boundary of Missouri to the 
mouth of the Upper Iowa River. The strip averaged about 
50 miles in width, and contained nearly 6,000,000 acres, or 
about one-sixth of the present area of Iowa. 

Half -Breed Tract. In a former treaty with the Sac and 
Fox Indians, a valuable tract of land, containing nearly 
113,000 acres, was reserved for the half-breeds of these 
tribes. This land was situated in what was afterwards 
the southern part of Lee county. The covetous eyes of land 
speculators were soon turned towards this reservation, and 



IOWA 83 

companies were formed for the purpose of purchasing the 
rights of the half-breeds to the soil. As. might have been 
expected, conflicting claims arose, and several years were 
spent in litigation. At last, the supreme court appointed 
commissioners to settle the vexing question. These men 
divided the tract into 101 shares, and the titles granted by 
them were afterwards declared valid by the courts. 

In 1842, the government made another treaty with the 
Sacs and Foxes, and by its terms gained possession of the 
remainder of the lands belonging to those tribes in Iowa. 
The Indians were to retain possession of the land till the 
first of May, 1843. This region had been thoroughly 
explored by the whites, but the United States authorities had 
prevented any settlements from being made. As the time 
for the opening of the land to settlers drew near, hundreds 
of families encamped along the line, and by sundown of 
the first of May, over 1,000 families had settled in this new 
territory. These settlers were simply squatters, for the 
lands occupied by them had never been surveyed, and still 
belonged to the general government. 

Land Sale. Under the laws of the United States then 
in force, all lands subject to settlement were to be offered 
at public sale and sold to the highest responsible bidder. If 
the land could not be sold for want of bidders, actual 
settlers acquired the right to enter it at the minimum price 
of $1.25 per acre. When Iowa was admitted into the Union, 
there were 27 organized counties, but immigration had been 
so rapid that many of the 100,000 settlers had founded 
homes for themselves, even before the lands were surveyed 
or the counties organized. 

Capitals. The first session of the legislature of the 
territory of Iowa convened at Burlington, in 1839. Nearly 
all of its meetings were- held in the M. E. church of that 



84 IOWA AND THE NATION 

place. In the early part of the session, three commission- 
ers were appointed to select a site for a permanent seat of 
government within the limits of Johnson county. The 
commissioners selected a section of land, caused it to be 
surveyed into town lots, and in accordance with an act of 
the legislature, named the place Iowa City. Work on the 
public buildings was begun at once, and on July 4, 1840, 
Governor Lucas reported to the legislature that the founda- 
tion of the capitol was nearly completed. 

At the first session of the state legislature, it was 
decided that Iowa City was too near the eastern boundary 
of the state for a permanent seat of government. It was 
accordingly determined to re-locate the capital at some point 
nearer the geographic center of the state. The commission- 
ers appointed to select the new site chose five sections of 
land in the southwestern part of Jasper county, and called 
the town which they laid out Monroe City. The public 
buildings at Iowa City were to be given to the State Uni- 
versity, which had been established the year before. 

But Monroe City did not thrive, and the legislature con- 
tinued to meet at Iowa City. In 1855, an act was passed 
removing the capital to Des Moines, and, three years later, 
the legislature began its work at that place. In a few 
years the capitol building was found to be inadequate to the 
wants of the growing state, and, in 1870, $150,000 was 
appropriated for a new building. Other appropriations 
amounting to more than $2,500,000 have since been made, 
and the new capitol is a magnificent building and the pride 
of the people of the entire state. 

The Thirty-fifth General Assembly appropriated nearly 
$2,000,000 in the Capitol Extension Act for the purpose 
of enlarging the capitol grounds. When the plans are com- 
pleted the grounds will not be surpassed in extent and 
beauty by any state-capitol grounds in the Union. 




The Old Capitol, Iowa City 



ai a si h » 



mm ii r 




IWilTIinnnrill 

liuiiu i I i i ■ I 




Hall of Physics and Electrical Engineering 

















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MI^HlH.I II 




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View Across the Old Capitol Campus 
State University 



IOWA 85 

II. Greater Iowa 

Iowa, 'Tis Iowa ! " You ask what land I love the 
best ? " To this question there can be but one answer in 
the heart of every loyal citizen. The poet answers it in the 
inspired words — 

Breathes there a man with soul so dead 

Who never to himself hath said, 
This is my own, my native land! 

This sentiment of patriotic devotion to one's own land 
is fundamental to every one having a spark of true man- 
hood or womanhood. It is as much one's duty to love the 
land where he lives as to love his home; and if one does 
not, his soul is truly dead to the highest and noblest privi- 
leges of citizenship. He loves his country best who is most 
loyal to the state, town, or rural community in which he 
lives. The man who could say, " Of all that is good Iowa 
affords the best," revealed a great patriotic soul. 

State and local governments touch us at a hundred points 
where the national government touches us at one, and it is 
in these smaller units that the majority of us will exercise 
the greatest influence in the betterment of human welfare. 
Nowhere can there be a more substantial reason for local 
patriotic pride than among those who call Iowa their home. 

Iowa's Material Resources. Iowa excels every one of 
her sister states in the percentage of tillable land. Nowhere 
on the face of the earth are there 56,000 square miles of as 
rich, fertile and inexhaustible soil as are found within the 
bounds of this state. Statistics show that less than two per 
cent of Iowa acreage cannot be transformed into a fertile 
garden spot. The richness of soil together with the most 
favorable conditions of moisture and temperature have 
made Iowa one of the greatest agricultural states in the 
Union. 



86 IOWA AND THE NATION 

Iowa's corn, alone, is worth more than the annual output 
of either iron ore, hard coal, or the products of all the 
copper, silver, or gold mines of the United States. 

The people of Iowa are just beginning to realize the won- 
derful possibilities of her unsurpassed resources. The little 
country of Belgium with but one-fifth the area of Iowa, 
without superior soil, climate, or other conditions, supports 
a population of 7,000,000 people. Iowa has at present but 
2,000,000, but could without greater difficulty than Belgium, 
support 35,000,000 people. In other words, all the people 
now living west of the Mississippi River, and in addition 
all who are living in Indiana and Illinois, could find support 
equal to that of the people of Belgium, within the boundaries 
of Iowa. 

Our state excels, not only in the products of her soil, but 
she is fast assuming a prominence in manufacturing, parti- 
cularly in those industries which are the natural outgrowth 
of her raw material. The largest oatmeal factory in the 
world is located at Cedar Rapids, while the output of the 
tile-manufacturing industry at Mason City is unequaled 
anywhere. Des Moines, Sioux City, Dubuque and a hun- 
dred other cities are centers for the manufacturing, canning 
and packing industries. When the people of Iowa realize 
fully the loss in unnecessary freight expenses which result 
from shipping the raw material out of the state, these local 
industries will be greatly increased. 

Our Cultural Resources. Even more important than 
Iowa's material wealth is the quality of her manhood and 
womanhood. " What constitutes a state ? . . Not 

cities proud, with spires and turrets crowned . . . No ! 
Men, high-minded men ! " The test of a people's influence 
is their education. Knowledge is power. Iowa early 
recognized and provided for the development of a high grade 



iowa 87 

of manhood, and today she boasts the lowest percentage of 
illiteracy of any state in the Union, while no state exceeds 
her in the percentage of young people attending institutions 
of higher learning. 

But, it is not only for her young people that Iowa provides 
unexcelled educational opportunities. She is equally zealous 
for the man, woman, boy or girl who is actually engaged in 
life's work. She is a pioneer in using her great educational 
agencies to provide " short courses " and university and 
college extension instruction for the farmer, the dairyman, 
the engineer, the mechanic, the editor, the city official, the 
teacher and many others who are actively engaged in their 
chosen vocations. In addition to all these evidences of 
general intelligence nearly every city, town and rural com- 
munity supports a Chautauqua, a lyceum, and other volun- 
tary educational and cultural associations. 

Iowa's Challenge. All of these elements combined make 
Iowa pre-eminently a land of opportunity. Here is enough 
to challenge the best in every man — the best of his service, 
the best of his intellect, his manhood, his life. If he wishes 
wealth, here he may have it abundantly. If he wishes 
educational opportunities, Iowa has them unsurpassed. If 
he wishes wholesome surroundings he will find clean towns, 
with modern conveniences, progressive civic life, loyal com- 
munity spirit and homes of culture. 

Iowa challenges you, young man ; you, young woman, 
to a life of service. Nowhere can you render such service 
better than in Iowa, nowhere better than in your own 
community. Your town, your rural neighborhood is the 
best town, the best neighborhood ! You need only to be 
loyal to it, to cooperate with the* best citizens, to contribute 
your time, your thought and your money, and your com- 
munity will become to you the best, because you have 



88 IOWA AND THE NATION 

helped make it so. You will thus have served your state 
with loyalty, your country with patriotism, and humanity 
with honor — the true test of manhood and citizenship. 

QUESTIONS AND SUGGESTIONS 

1. What is the origin and meaning of the word " Iowa " ? 

2. When and by whom was Iowa discovered? By what 
European nations was the territory of which Iowa is a part, 
claimed? 

3. When and by whom was the first settlement in Iowa 
made? Name the chief characteristics of Iowa pioneers. 

4. Of what territories was Iowa a part at various 
times ? 

5. Who was Robert Lucas? Learn as much as you can 
about his biography. 

6. Explain the steps by which Iowa became a state. 
Give the date of admission to the Union. How does a state 
differ from a territory? What territories have we at 
present ? 

7. How did the first settlers secure land? What is the 
first entry in every abstract of title in Iowa? Secure a 
copy of an abstract and examine it. Who are " squatters " ? 

8. Trace the history of the location of Iowa's capitals. 

9. What part was played by Indians in the early history 
of the state? 

10. Write an imaginary conversation for your composi- 
tion lesson between yourself and Julien Dubuque in which 
you assume to be one of the members of his party. 

11. Why was there no need for " Boy Scout" and 
" Camp Fire Girls " organizations in the pioneer days of 
Iowa? 

12. Why does Iowa take first rank as an agricultural 
state? Examine a copy of the Year Book to determine 



IOWA 



89 



Iowa's rank in the various crops for the past year. Why 
should local manufactories increase in Iowa? 

13. Name as many ways as possible by which Iowa 
provides for the education of people who are no longer 
attending schools. 

14. How does the importance of a knowledge of state 
and local government compare with a knowledge of national 
government? 



CHAPTER II 
STATE GOVERNMENT 

Nature of Constitution. The constitution of a state is 
often called its fundamental law, because all laws passed by 
the General Assembly must be based upon it, and no valid 
law can be passed in violation of its provisions. It is in 
the nature of a contract between the state and the people, 
whereby the powers of the state are defined, and the 
rights of the people maintained. 

The first two articles of the Iowa constitution guarantee 
certain rights, and will be considered in this chapter. The 
next three articles, III, IV and V, provide for the general 
plan, or framework, of our government, and will be dis- 
cussed in the next three chapters. The remaining articles 
make specific provision for education, taxation and other 
matters. Each of these is discussed under its proper 
heading. 

Preamble. The preamble, or introduction to the con- 
stitution, is as follows : " IV c, the People of the State of 
Iozva, grateful to the Supreme Being for the blessings 
hitherto enjoyed, and feeling our dependence on Him for 
a continuation of those blessings, do ordain and establish 
a free and independent government, by the name of The 
State of Iozva, the boundaries whereof shall be as follows : " 
(For boundaries, see Constitution.) The preamble is not 
a part of the constitution, but is designed to show the 
reason for its establishment. 

Our Rights Guaranteed. The first article of the consti- 

90 



STATE GOVERNMENT 91 

tution is called the Bill of Rights because it guarantees 
certain rights to our citizens. The second article makes 
specific provisions for the right of suffrage. A Bill of 
Rights is found in most state constitutions, and, in all 
instances, it is copied largely from the first eight amend- 
ments to the Constitution of the United States. These 
rights had been wrested from despotic rulers through long 
periods of struggle in England and the American colonies 
during the period of their early history, and for these 
reasons the people have sought to maintain and insure them 
by writing them into their fundamental laws. 

ARTICLE I 
Bill of Rights 

Rights of Persons. Section one of the first article of 
the constitution defines the civil rights of the inhabitants 
of the state. It declares that all men are, by nature, free 
and equal, and that they are endowed with certain inalien- 
able rights. The rights enumerated are those of enjoying 
and defending life and liberty, of acquiring, possessing and 
protecting property, and of pursuing and obtaining safety 
and happiness. These rights of the people are recognized 
by all free governments. They are called inalienable rights, 
because they cannot be taken away so long as the govern- 
ment exists. 

Political Power. Section two declares all political 
power to be vested in the people of the state. Government 
is instituted for the good of the people, and they have the 
right to alter or reform the same, whenever the public good 
may require it. The essence of all free government is con- 
tained in the immortal words of Abraham Lincoln, " A 
government of the people, by the people and for the 
people." 



92 IOWA AND THE NATION 

Religion. Section three prohibits the legislature from 
passing any law to establish uniformity of religion, or to 
restrict the religious liberty of the people. It forbids the 
laying of tithes, taxes or other rates for building places of 
worship, or maintaining the ministry. 

Religious Test. Section four forbids the requirement of 
any religious test as a qualification for any office of public 
trust, and declares that no person shall be deprived of any 
rights, privileges or capacities on account of his opinions 
on religious matters. This is in accordance with the spirit 
of the Constitution of the United States, upon which the 
state constitution is based. This section also provides that 
parties to any suits at law are competent to serve as wit- 
nesses in such suits. 

Dueling. Section five declares any citizen of the state 
who shall engage in a duel, either as principal or accessory, 
to be forever disqualified from holding any office under the 
constitution and laws of the state. 

Laws Uniform. By section six, the General Assembly 
is forbidden to grant any citizen, or class of citizens, privi- 
leges or immunities, which shall not apply to all other per- 
sons under the same circumstances. All laws of a general 
nature must be uniform in their operation. It is a funda- 
mental principle of all free government that there shall be 
no privileged classes. 

Liberty of Speech. Section seven gives every person 
the right to speak, write and publish his sentiments on any 
and all subjects. By its provisions, no law can be passed 
to restrict liberty of speech or of the press, but any person 
is liable to prosecution for the abuse of this right. In all 
prosecutions for libel, if it can be proved that the matter 
charged as libelous is true, the person accused shall be 
acquitted. Article one of the amendments to the Constitu- 



STATE GOVERNMENT 93 

tion of the United States insures the same freedom to all 
the people of the United States. 

Section eight of this article is reprint, word for word, of 
the fourth article of amendment to the Constitution of the 
United States. 

Jury. Section nine provides for maintaining inviolate 
the right of trial by jury, but authorizes the General 
Assembly to establish a jury of a less number than twelve 
men in inferior courts. Another provision is, that no per- 
son shall be deprived of life, liberty or property, without 
due process of law. 

Criminal Cases. Sections ten and eleven refer to the 
method of procedure in criminal cases, and are in substance 
the same as article six of the amendments to the Consti- 
tution of the United States. Section eleven establishes the 
mode of procedure in all criminal cases less than felony, in 
which the punishment does not exceed a fine of $100, or 
imprisonment for more than thirty days. All such cases are 
to be tried without indictment, before a justice of the peace, 
or other officer authorized by law. The accused has the 
right to appeal from the decision of the justice to the dis- 
trict court. 

In all other criminal offenses, an indictment must be 
brought against the person suspected of having committed 
the crime, before he can be held to answer for the crime of 
which he is accused. There is an exception to this in cases 
arising in the army or navy, or in the militia, when in actual 
service, in time of war or public danger. Violators of mili- 
tary law are tried by a court martial, consisting of from 
three to thirteen members, according to the nature of the 
crime and the rank of the offender. 

Tivice Tried. Section twelve provides that after a per- 
son has been acquitted by a court of competent jurisdiction, 
he cannot be tried again for the same offense. A person 



94 IOWA AND THE NATION 

charged with the perpetration of a minor crime, is entitled 
to his liberty before conviction, upon giving bonds signed 
by responsible parties that he will present himself, at the 
appointed time, for trial. Such bonds are called bail, and 
are usually of twice the amount of the highest money 
penalty, or fine, that can be attached to the crime. 

If the person thus set at liberty fails to appear for trial, 
the amount of the bond, or so much thereof as may be 
demanded by the court, is forfeited to the school fund of 
the county, and becomes a part of the semi-annual appor- 
tionment for the support of schools. Bail is not usually 
accepted from persons charged with having committed 
capital crimes, when the proof is evident or the presump- 
tion great. A capital offense is one to which the death 
penalty may be attached. 

Habeas Corpus. Section thirteen secures to all the 
right to a writ of habeas corpus, when application is made 
according to law. This right can be suspended and the 
writ refused only in case of rebellion or invasion, or when 
the public safety may require it. 

The writ of habeas corpus has been called " The great 
writ of personal liberty." It is issued by the judge of 
the court having jurisdiction of the crime, and cannot be 
refused when proper application is made by the accused 
under oath, unless, in case of rebellion or invasion, the 
public safety may require it. This writ had its origin in 
England in the " Magna Charta " of King John, granted 
in the year 1215. Our forefathers esteemed this to be one 
of their grandest privileges, and it has always been recog- 
nized as an inherent right of all citizens of the United 
States. 

Military. The fourteenth section places the military 
subordinate to the civil power. It declares that no stand- 
ing army shall be kept up in the state, in time of peace, 



STATE GOVERNMENT 95 

and, in time of war, that no appropriation for a standing 
army shall be for a longer period than two years. The next 
section forbids the quartering of troops in any house, in 
time of peace, without the consent of its owner, and, in 
time of war, except in the manner prescribed by law. 

Treason. Section sixteen defines treason against the 
state to consist in levying war against it, adhering to its 
enemies, or giving them aid and comfort. This is virtu- 
ally the definition given of treason in the Constitution of 
the United States. It is also provided, that no person 
shall be convicted of treason except upon the evidence of 
two witnesses to the same act, or upon confession in open 
court. 

Excessive Bail. Section seventeen provides that any 
bail required shall not be excessive; that is, beyond the 
nature of the crime for which it is taken. The imposing 
of excessive fines, and the infliction of cruel and unusual 
punishments are expressly forbidden. 

Condemnation Proceedings. The next section declares 
that private property shall not be taken for the use of the 
public without just compensation to the owner. The 
damages resulting from the appropriation of private prop- 
erty for public purposes, shall be assessed by a jury, but 
no benefit that the owner of the property would receive 
from the improvements for which it is taken, can be con- 
sidered in rendering the decision for damages. Every one 
is entitled to the use of his property to the exclusion of all 
other private citizens, but sometimes it becomes necessary 
to sacrifice private rights for the public welfare. 

Imprisonment for Debt. Imprisonment for debt, in 
any civil process, except in case of fraud, is forbidden by 
the nineteenth section, and no person can be imprisoned for 
a military fine in time of peace. So long as the English 
common law was in . operation in this country, imprison- 



96 IOWA AND THE NATION 

ment for debt was common, but now it is usually forbidden 
by constitution or statute in all the states. If the action 
of the debtor is such that it is reasonable to suppose that 
he intends to avoid the payment of his debts by concealing 
his property, or removing it from the state, the provisions 
of this section will not apply. 

Right to Assemble. Section tzventy insures to the peo- 
ple some of their dearest rights, among which is that of 
assembling to counsel for the common good. The rope 
makers of Boston held such meetings to devise means for 
resisting the British soldiery. The modern word caucus is 
said to be a corruption of caulkers, a term often applied to 
rope makers. The right of making known their opinions 
to their representatives, and that of petitioning for a 
redress of grievances, are also guaranteed. 

Bill of Attainder. The language of the twenty-first 
section is as follows : " No bill of attainder, ex-post-f acto 
law, or law impairing the obligation of contracts, shall 
ever be passed." A bill of attainder is a legislative act 
inflicting the penalty of death, without trial, upon persons 
supposed to be guilty of high crimes. In former times, 
the parliament of Great Britain passed laws of this kind, 
often for the purpose of reaching persons in high places 
who could not be gotten rid of by ordinary process of law. 

Ex-Post-Facto Law. An ex-post-facto law is one that 
is passed after the commission of an act by which the 
act may be punished as a crime. It would seem that the 
prohibition of ex-post-facto laws would make the latter 
part of this section unnecessary. Ex-post-facto laws apply 
to criminal and penal statutes, but not to those that affect 
property only. Hence, we may say that this part of the 
section prohibits ex-post-facto laws in the interests of 
contracts. 

Rights of Aliens. Section twenty-two grants to all 



STATE GOVERNMENT 97 

foreigners residing in the state, the same rights in respect 
to the possession, enjoyment and descent of property, as 
native-born citizens. 

Slavery. The twenty-third section prohibits slavery, 
and declares that there shall be no involuntary servitude in 
Iowa, except for the punishment of crime. The abolition 
of slavery by the thirteenth amendment to the Constitution 
of the United States, rendered this section obsolete. 

Lease of Farm Lands. The twenty-fourth section 
limits leases of agricultural lands from which rent or serv- 
ice of any kind is reserved, to a period not exceeding twenty 
years. 

Rights Reserved. The twenty-fifth section is a fitting 
one with which to close this Bill of Rights. Its language 
is, " The enumeration of rights shall not be construed to 
impair or deny others, retained by the people." Liberty, 
civil and religious, is insured to all within the borders of 
the state, and, as if this were not enough, any otner privi- 
leges that may be enjoyed, are reserved to the people. 
Surely our government rests on a foundation broad and 
deep. 

ARTICLE II 

Right of Suffrage 

Right to Vote. Every free government specifies in its 
constitution the persons upon whom the privilege of voting 
shall be conferred. While we speak of this privilege as 
the right to vote, it is not a right in the sense in which 
those listed in the Bill of Rights are considered, because 
the power to designate to whom the privilege of voting shall 
be granted rests with the state legislature. These other 
rights are guaranteed in the constitution. The people of 
Iowa as well as those of other states choose their officers 



98 IOWA AND THE NATION 

and adopt or reject measures proposed for the welfare 
of the state by vote. The franchise, a right to vote, there- 
fore, should be looked upon as a high privilege by those 
upon whom it is conferred, and every voter should con- 
sider it his sacred duty to cast his ballot on election day. 
Voters are frequently called electors. The right of electors 
to vote as they choose is established by the last clause 
of this article, which declares that all elections by the peo- 
ple shall be by ballot. 

Qualifications of Voters. In the United States it is 
customary to restrict the right to vote to citizens at least 
twenty-one years of age. The lowest, or minimum, age 
at which persons may vote is the same in all the states, but 
aside from that there is no uniformity. Few of the states 
agree in all points relating to the qualifications of voters. 
Wyoming, Colorado, Utah, Idaho, Washington, California, 
Oregon, Kansas, Arizona, Nevada and Montana grant full 
suffrage to women. In Illinois women are granted the right 
to vote for presidential electors and for county, township 
and state officers whose election is not provided for in the 
state constitution, and several other states give them the 
right to vote on school and municipal matters. 

Citizenship. The term citizen is often improperly 
restricted to those persons who have the right of suffrage. 
Many voters in the United States are not citizens, and, in all 
the states, many citizens are not voters. The fourteenth 
amendment to the Constitution of the United States says : 
" All persons born or naturalized in the United States, and 
subject to the jurisdiction thereof, are citizens of the 
United States and of the state wherein they reside." In 
some states, foreigners acquire the right to vote at all 
state elections upon taking out the first naturalization 
papers. That is not the case in Iowa, however. Here a 
foreigner must have completed the process of naturaliza- 



STATE GOVERNMENT 99 

tion before voting at any election. See Naturalization, 
Part III, page 221. 

Residence. Some of the states require two-years' resi- 
dence within the state as a qualification for voting. The 
residence in the county required of voters varies from 
no time specified to a residence of one year, and the same 
variation occurs with reference to residence in the voting 
precinct. 

Registration. Wherever the number of voters is so large 
that they cannot all be known to the election officials, each 
voter is required to register previous to election. At the 
time of registration he must give his name, place of resi- 
dence, and answer such other questions as will assure the 
election officials of his right to vote. In Iowa voters are 
required to register before a general election in all cities 
of 3,500 or more inhabitants. 

Other Qualifications. Some of the states require a prop- 
erty qualification of electors — that is, before a person, 
otherwise legally qualified, can vote, he must prove that he 
owns a certain amount of property, or pays taxes or rent 
of a specified sum. Several state constitutions provide that 
" Indians, who have renounced their tribal relations and 
who have donned the habiliments of civilization, may vote 
at any election now or hereafter authorized by law." Sev- 
eral of the states require educational qualifications of 
electors, while others have no such restriction. 

Exceptions. Idiots and insane persons are prohibited 
from exercising the right of suffrage, because they cannot 
do so understandingly. The only qualified electors who 
are denied this privilege are those who have been convicted 
of some infamous crime. It would not be wise to allow 
criminals a voice in making the laws. 

Privileges. All electors who are not accused of trea- 
son, felony or breach of the peace, are privileged from 



100 IOWA AND THE NATION 

arrest on election day, while attending the election, or 
going to or returning from the same. No elector is obliged 
to perform military duty on the day of election, except in 
time of war or public danger. Persons engaged in the mili- 
tary, naval or marine service of the United States do not 
gain a residence in the state by being stationed here in the 
discharge of their duties. 

Australian Ballot. To correct certain abuses in voting 
by ballot the General Assembly in 1892 passed a law pro- 
viding for a secret ballot generally known as the 
" Australian Ballot." This method of voting had its origin 
in New South Wales, Australia, in 1857. Fifteen years 
later, it was adopted in England, and afterwards by Canada. 
Every state in the Union has adopted a secret ballot based 
upon the Australian plan. The Iowa law is based upon a 
plan used in Belgium, and should properly be called the 
" Belgian Ballot." By the Australian plan, the candidates 
are classified by offices, while by the Belgian, they are 
grouped according to political parties. The secret ballot 
removes a number of flagrant abuses that had become 
common under the old method of voting. 

Up to the time that this law went into effect, ballots were 
printed by political parties or by the candidates for office. 
This plan was an expensive one, and there were many 
abuses connected with it. The secret ballot now in use 
makes it impossible for a corrupt politician who wishes to 
buy votes to be sure that the voter has cast the ballot as 
agreed upon. 

Method of Voting — Ballots. The ballots are prepared 
and printed under the direction of the county auditor, 
and every ballot printed must be accounted for. The ballots 
are printed at the expense of the county, and as many as 
are likely to be needed are furnished the judges of election 
at each voting precinct. 



STATE GOVERNMENT 101 

Marking Ballots. On the day of election, the voters 
assemble to cast their ballots. A voter approaches the 
table about which the judges of election are seated, 
announces his name and asks for a ballot. In case registra- 
tion is required, the voter's name must be checked on the 
registration book before he will be given a ballot. One 
of the judges takes a folded ballot, writes his initials upon 
the back and hands it to the voter. The voter then takes 
the ballot, passes into a booth, and prepares his ballot 
secretly. 

At the head of each column is a circle, and there is a 
square in front of the name of each candidate. If the 
voter wishes to vote a straight ticket, he makes a cross (X) 
in the circle at the head of the column which contains the 
names of the candidates of his political party. If he wishes 
to " scratch the ticket " — that is, vote for candidates 
belonging to different parties — he puts the cross in the 
squares in front of the names of the candidates for whom 
he wishes to vote. The marking must be done so as to 
show his preference for the right number of candidates for 
each office. 

Voting. Having marked his ballot, the voter folds it so 
as to show the initials of the judge of election who marked 
it, passes out of the booth and hands the ballot to one of 
the judges of election, at the same time announcing his 
name, so that it may be recorded by the clerks of election. 
If a ballot is soiled or found to be defective, the voter 
must return it to the judges of election and get another. 
He will not be permitted to take a ballot away with him. 
Blind voters, and those who cannot read, may have assist- 
ance in marking their ballots. 

The Short Ballot. There is a growing belief that the 
number of elective offices is too large. The number of 
candidates, especially on the primary ballots, is so large 



102 IOWA AND THE NATION 

that it is practically impossible for the average voter to 
make an intelligent choice. He must either vote for candi- 
dates of whom he knows little or nothing, or lose his vote. 
Under these conditions undesirable candidates often secure 
nominations for important offices. This difficulty could be 
remedied if the number of elective offices were reduced, 
and there seems to be no good reason why this should not 
be done. By such a plan a great number of administrative 
officers would be appointed by the governor, and the num- 
ber of names on the ballot would be so small that the 
voters would have opportunity to study the qualifications 
of the candidates who were seeking nomination to the 
highest offices in the state. 

Nomination of Candidates. Until recently candidates 
for office were nominated by the caucus and convention 
plan. At the caucus, candidates for local offices were 
named, and delegates were chosen to attend a county con- 
vention to nominate county officers. District and state 
conventions were also held to nominate candidates for dis- 
trict and state offices and the state conventions also nomi- 
nated candidates for the office of presidential electors and 
chose delegates to the national convention to nominate can- 
didates for president and vice-president in the year of the 
presidential election. Each political party held its own 
caucuses and conventions. 

Primary Elections. Abuses grew up under this plan 
and to correct these the primary election law was passed. 
The purpose of this law is to give every voter a chance to 
help nominate candidates for office in county, district and 
state, as well as in the larger cities. By the provisions of 
this law candidates for county, district and state office are 
nominated by petitions signed by a certain percentage of 
the voters. Several certificates for candidates for each 
office may be filed by each party. Petitions for the nomi- 



STATE GOVERNMENT 103 

nation of county officers are filed with the county auditor 
and for district and state officers with the secretary of 
state. 

The primary election is held on the first Tuesday after 
the first Monday in June of each even-numbered year. A 
certain number of days before each primary election, the 
voters of each political party in each voting precinct meet 
and nominate delegates to attend a county convention which 
is held on the third Saturday following the day of the 
primary election. Each convention selects delegates to 
attend the district and state conventions of its own political 
party. 

If any candidate for a given office fails to receive 35 
per cent of the votes cast by the members of his party for 
that office, at the primary election, the county convention 
of that party nominates a candidate for that office from the 
list of candidates voted for at the primary. At the primary 
election every voter is required to announce his political 
affiliation to the judges of election, when he calls for a 
ballot. The method of marking and casting the ballot is 
the same as at a general election, and the principles of the 
Australian method of voting apply. Half of the expense 
of the primary election in each county is borne by the 
county and the other half by the state. 

Presidential Primary. In addition to the primary election 
for the purpose of nominating the various local and state 
officers, there is held on the second Monday in April in the 
years in which a president of the United States is to be 
elected an election for the purpose of selecting delegates 
to the various conventions of all political parties. At this 
election there are chosen (1) delegates and alternate dele- 
gates to the national conventions of all political parties at 
which candidates for president and vice-president are to 
be nominated; (2) a party national committeeman for each 



104 IOWA AND THE NATION 

party; (3) delegates to the county convention. A preferen- 
tial vote of each party for the purpose of ascertaining the 
sentiment of the voters of the state towards the respective 
political parties as to candidates for president and vice- 
president of the United States is also taken. 



QUESTIONS AND SUGGESTIONS 

1. Why was the " Bill of Rights " included in the 
constitution ? Do you think it was really necessary to 
include it ? 

2. Name the inalienable rights. Which are most 
important ? 

3. What is meant by religious freedom? Do any coun- 
tries establish a uniform religion today? Why did the 
Pilgrims come to America? 

4. Does liberty of speech give you the right to circulate 
falsehoods? 

5. What advantages are there in a trial by jury? Do 
you think justice would be carried out better if we were 
to have a jury of three impartial judges who are thoroughly 
versed in law instead of our present jury? Ask some 
lawyer who decide questions of fact and who decide ques- 
tions of law in a trial. 

6. Why should not a person be tried more than once 
for the same offense? 

7. Define habeas corpus, treason and bill of attainder. 

8. The General Assembly passed a compulsory educa- 
tion law in 1902. Could parents of pupils who did not 
attend school in 1901 be fined? What term is used to apply 
to a law of this kind? 

9. May a foreigner living in Iowa own property? 
May he have the right to a trial by jury? May he demand 



STATE GOVERNMENT 105 

the right to vote? What are the qualifications for voters 
in Iowa ? 

10. May women vote in Iowa? In what states do they 
have the same right of suffrage as men? What classes of 
people are excluded from suffrage? 

11. What political abuses are corrected by the secret 
ballot? Where did this method of voting originate? 
Describe the process of marking a ballot and voting. 

12. What is the convention system of nomination? 
What is the primary election system? 

13. Y\ 'hat are the advantages of the " short ballot " ? 
Would a reduction of the number of elective officers deprive 
the people of power? Wmat redress would the people 
have if the governor made unwise appointments? 

14. Woman Suffrage, Primary Elections, Short Ballot 
and an Educational Qualification for Voting are suggested 
as good subjects for class debates or for investigation. 






CHAPTER III 

THE LEGISLATIVE DEPARTMENT 

ARTICLE III 

Distribution of Powers 

Branches of Government. Government, both state and 
national, is divided into three branches :— legislative, execu- 
tive and judicial. Provision for this division is made in 
Article III of the Constitution of Iowa. It is intended that 
each branch shall be independent of the others, but this is 
not always possible. Each state in the Union has a consti- 
tution which provides for these three branches and defines 
the powers of each. The legislative branch is also called 
the law-making power ; the executive branch, the law- 
enforcing power, and the judicial branch, the law-inter- 
preting power. 

The legislative branch of government in Iowa is called 
the General Assembly, or state legislature. It consists of a 
senate and a house of representatives. The style, or head- 
ing, of every law passed by the General Assembly is : Be 
it enacted by the General Assembly of the State of Iozva. 
The sessions are biennial and are designated by number. 
By consulting the daily papers when the legislature is in 
session you can learn the number of the General Assembly 
in which you should have particular interest. 

House of Representatives 

Members. The house of representatives, or lower 
house, as it is sometimes called, is composed of members 

106 



108 IOWA AND THE NATION 

chosen every second year by the qualified voters of their 
respective districts. A representative must be a male citizen 
of the United States, at least twenty-one years of age. He 
must have been an inhabitant of the state of Iowa one year 
next preceding his election, and, at the time of his election, 
must have had an actual residence of sixty days in the 
county or district he is chosen to represent. 

Apportionment. The house of representatives now con- 
sists of 108 members, the largest number possible under the 
constitution. The number of representative districts is 99, 
and the ratio of representation is practically one representa- 
tive for every 27,900 inhabitants or fraction thereof exceed- 
ing one-half the required number in the district. As the 
population of the state increases, it becomes necessary to 
increase the ratio of representation. This may be done at 
any regular session of the General Assembly. No repre- 
sentative district can contain more than four counties, and 
each district is entitled to at least one representative. 

Section 33, of Article III, of the constitution, says : 
" The General Assembly shall, in the years 1859, 1863, 
1865, 1867, 1869, 1875, and every ten years thereafter, 
cause an enumeration to be made of all the inhabitants 
of the state." These enumerations, together with the 
United States census, taken in the last year of each regular 
decade, enable the General Assembly to apportion the sen- 
ators and representatives among the several districts. 

Election. The members of the house of representatives 
are chosen at the general election, held on the Tuesday next 
after the first Monday in November of each even-num- 
bered year. In some of the states, the meetings of the 
legislature are held every year, and the members in such 
instances are elected annually. 

When vacancies occur in either house, it is the duty of 



THE LEGISLATIVE DEPARTMENT 109 

the governor, or acting executive officer, to issue writs of 
election to fill such vacancies. 

Powers. The house of representatives has the same 
power as the senate in general law-making. Bills may 
originate in either house, and may be amended, altered, 
or rejected by the other. The power to impeach state offi- 
cers is vested in the house of representatives, but the trial 
of all persons impeached rests with the senate. With this 
exception, the powers of both houses are the same. 

The Senate 

Members. The senate is composed of members chosen 
by the qualified voters of the several senatorial districts. 
The constitution provides that the number of sena- 
tors shall not be less than one-third, nor more than one- 
half the number of representatives. The senate is now 
composed of 50 members, the largest number possible under 
the constitution. 

Senatorial Districts. The state is separated into 50 
senatorial districts, and each district is entitled to one sena- 
tor. In some of the other states, the senate is a much 
smaller body than in Iowa. In all of the states, the senate 
has fewer members than the house. In Iowa, the senator- 
ial term is four years. 

Qualifications. Senators must be at least twenty-five 
years of age. The qualifications as to citizenship, 
inhabitancy and residence are the same as for representa- 
tives. It was intended by the founders of the constitu : 
tion that the senate should be composed of men of wide 
experience, and hence the distinction in age was made. In 
this respect, the state constitution is modeled after the 
Constitution of the United States, although the minimum 
age required is not the same. 



THE LEGISLATIVE DEPARTMENT 111 

Senators Classed. At the first session of the legislature, 
the senators were divided into two classes as nearly equal 
in number as possible. The term of those belonging to the 
first class expired in two years, and that of the others in 
four years. The successors of the members of each class 
were chosen for four years. As the number of senators 
increased, they were annexed, by lot, to one or the other 
of the two classes, so as to keep them as nearly equal in 
numbers as practicable. At present, there are two classes 
of 25 members each. 

Powers. The senate is coordinate with the house in 
all general legislation. 

Impeachment. The governor, judges of the supreme 
and district courts and other state officers, are liable to 
impeachment for any misdemeanor or malfeasance in 
office. Judgments in such cases extend only to removal 
from office, and disqualification to hold any office of honor, 
trust or profit under the state. The decision of the senate 
does not prevent the offender from being indicted, tried 
and punished, according to the laws which govern the 
crime of which he is accused. The impeachment of all 
state officers rests with the house of representatives, but 
the trial of those impeached is conducted by the senate. 
When acting as a court in such cases, tne senators are 
placed under oath or affirmation to decide the case upon 
its merits. No person can be convicted without the con- 
currence of two-thirds of the members present. 

The General Assembly 

Sessions. The sessions of the General Assembly are 
held once in two years, at the seat of government, and 
commence on the second Monday of January of each odd- 
numbered year. The governor may, in cases of necessity, 



112 IOWA AND THE NATION 

convene the General Assembly by proclamation, before the 
regular time of meeting. At two o'clock in the after- 
noon of the day on which the legislature meets, each house 
is called to order by some person present who claims to be 
a member. A temporary secretary of the senate and clerk 
of the house are then chosen, and they proceed to prepare 
lists of those claiming membership, each for his own house. 

Credentials. The persons whose names appear on 
these lists appoint a committee of five members of each 
house on credentials. The chairmen of these committees 
report the names of those who hold certificates of election 
to membership, and each house then proceeds to form a 
permanent organization, by the election of officers. 

Officers. The lieutenant-governor is ex-officio pre- 
siding officer of the senate and acts in this capacity during 
the term for which he is elected. He is not a member of 
the senate, however. The presiding officer of the house 
of representatives, called the speaker, is chosen from 
among its own members. The other officers of the senate 
are the secretary and two assistants, an enrolling clerk, an 
engrossing clerk, sergeant-at-arms, postmaster, janitor and 
doorkeeper. The house officers are a chief clerk and two 
assistants, clerks for enrolling and engrossing, a sergeant- 
at-arms, two postmasters, doorkeeper, janitor and assistant, 
and mail carrier. 

Oath. Members of the General Assembly must take 
an oath, or affirmation, before entering upon the discharge 
of their duties. The form of the oath is as follows : " I do 
solemnly swear (or affirm, as the case may be), that I will 
support the Constitution of the United States, and the con- 
stitution of the state of Iowa, and that I will discharge the 
duties of senator (or representative), to the best of my 
ability." This is, substantially, the oath taken by all officers 
in the state, from the lowest to the highest, Members of 



THE LEGISLATIVE DEPARTMENT 113 

either house are authorized to administer the oath to each 
other, or to any other persons doing business with them 
when in session, or when acting as members of committees. 

Compensation. The members of the General Assembly 
are allowed a compensation for their services, the amount 
of which is determined by law. At the first meeting under 
the new constitution, the members of each house received 
three dollars per day for their services while in session, and 
three dollars for every twenty miles traveled in going to 
and returning from the seat of government by the nearest 
traveled route. The law now is that every member shall 
receive one thousand dollars for each regular session, and 
five cents for each mile traveled in going to and returning 
from the capital. 

For each special session, each member receives the same 
compensation per day that was received by members at the 
preceding regular session. For example, if the legislature 
remained in session one hundred days at the last regular 
meeting, the rate per day would be ten dollars. This, then, 
would be the rate of compensation for each day of the spe- 
cial session. In no case, however, can the pay of mem- 
bers for any special session be more than ten dollars per 
day, exclusive of mileage. Members and clerks are sup- 
plied with all necessary stationery at the expense of the 
state. 

At the expiration of 30 days from the convening of the 
General Assembly, the members are entitled to draw the 
mileage due them, and also one-half of the compensation 
for the entire session. The minor officers and employees 
receive their pay from time to time upon the certificates 
of the presiding officers of the respective houses in which 
they are employed. The remainder of the salary of mem- 
bers is paid at the close of the session. The salary of the 
speaker of the house of representatives is $2,000 for each 



-114 IOWA AND THE NATION 

regular session and twice the per diem of. each member for 
a special session of the legislature. 

Special Provisions. Each house chooses its own offi- 
cers, and judges of the qualification, election and returns 
of its own members. A person who has not all the neces- 
sary qualifications for membership may be elected, and his 
certificate of election properly returned. It is left with 
each house to decide all questions of this sort. A con- 
tested election is settled in a manner prescribed by law. 
The speaker of the house holds his office the full term for 
which he was elected, but all other officers serve only dur- 
ing the session at which they were chosen. 

Quorum. A majority of the members of each house 
constitutes a quorum for the transaction of business. But 
a smaller number may adjourn from day to day and may 
compel the attendance of absent members, in such manner, 
and under such penalties, as each house may provide. This 
rule applies in all legislative bodies, and its necessity is 
often shown. 

Adjournment. Each house determines the time of its 
own adjournment with the restriction that neither shall, 
without the consent of the other, adjourn for more than 
three days, nor to any other place than that in which they 
may be sitting. The reason for this exception is, that one 
house might retard the business of the other or prevent 
legislation altogether, by adjourning from place to place, 
or for an indefinite period of time. 

Rules of Order. In addition to keeping and publishing 
a journal of its own proceedings, each house determines 
the rules by which it is governed. In the absence of other 
rules, those contained in Cushing!s Manual of Par- 
liamentary Practice are used. One of the rules established 
by the constitution is, that each house shall sit with open 



THE LEGISLATIVE DEPARTMENT 115 

doors, except on such occasions as require secrecy. This is 
not properly a rule of order, however. 

Members may be punished or expelled for disorderly 
conduct. It requires a two-thirds vote to expel,, and no 
person can be so punished a second time for the same 
offense. 

Privileges of Members. Freedom of Speech. No mem- 
ber can be called in question in any other place for 
anything he may say in any speech or debate upon any 
question in either house. The rules of order determine the 
mode of procedure in debate, and a member may be denied 
the right to participate in discussion for violating those 
rules. 

Freedom from Arrest. Senators and representatives, 
in all cases except treason, felony and breach of the peace, 
are privileged from arrest while attending a session of the 
legislature, and in going to and returning from the same. 
Were it not for this provision, members of the legislature 
might be arrested on false charges and thus be prevented 
from taking part in the work of law-making. 

Any person who knowingly arrests a member in viola- 
tion of his privilege, is guilty of contempt, and may be 
punished by fine or imprisonment, or both. The same 
penalty may be inflicted upon any one for assaulting or 
threatening to assault a member, or to injure his person or 
property, on account of anything said or done by him in 
the discharge of his duties. Any attempt to control or 
influence the action of a member, by menace or other 
improper means, is considered a contempt, and may be 
punished as prescribed above. Several minor offenses may 
be treated in the same way. 

Right to Object. Any member has the right to dis- 
sent from, or protest against, any act or resolution which he 
may consider injurious to the public, or to private citizens. 



116 IOWA AND THE NATION 

He may also have his objections to the measure entered 
upon the journal of the house of which he is a member. 

Yeas and Nays. At the call of any two members present, 
a vote by yeas and nays must be taken and recorded in the 
journal. The process of voting in this way is longer than 
the ordinary one, but it serves to put each member upon 
record as to how he votes. The names of members and the 
manner of voting are made a part of the record, and the 
people, in this way, are enabled to learn just what their 
representatives are doing. 

Punishments. Fines and imprisonments of members 
for contempt are made upon an order from the proper 
house. The order, with the reasons for which it was issued, 
must be entered upon the journal. A warrant for imprison- 
ment is signed by the presiding officer, and countersigned 
by the secretary or clerk. The sheriff, or jailor, of the 
proper county receives the warrant, and serves it in the 
same manner as any other writ. Such imprisonment can- 
not extend beyond the session at which it is ordered, but 
the guilty party may be tried and punished for the same 
offense, in the courts of the state. 

Restrictions on Members. Other Offices. As a means 
of preventing fraud, the following section was adopted : 
" No senator or representative shall, during the time for 
which he shall have been elected, be appointed to any civil 
office of profit under this state, which shall have been 
created, or the emoluments of which shall have been 
increased during such term, except such offices as may be 
filled by elections by the people." A similar provision is 
contained in the Constitution of the United States. 

Ineligibility. Persons holding lucrative offices under the 
United States, the state of Iowa or any other power, are 
declared by the constitution of the state to be ineligible 



THE LEGISLATIVE DEPARTMENT 



117 



to a seat in the General Assembly. Officers of the militia 
who draw no annual salary, justices of the peace, post- 
masters, whose compensation is not more than $100 per 
year, and notaries public, are not included in the provisions 
of this section. 

Settlement of Accounts. Before any person who has 
been a holder or collector of public money, can take his 
seat as a member of the General Assembly, or be eligible 
to hold any office of trust or profit in this state, he must 
have accounted for and paid into the treasury all funds 
belonging to his office. This is to prevent persons, guilty 
of appropriating public money to improper uses, from 
becoming legislators in their own behalf. 

No Extra Compensation. After any officer, public agent, 
or contractor, has entered upon the discharge of his duties, 
or completed the services agreed upon, he cannot receive 
any extra compensation for such services. No money can 
be drawn from the public treasury except in accordance 
with appropriations made by law. Money cannot be paid 
on any claim that was not provided for by pre-existing 
laws, and the appropriation of public money or property, 
for private purposes, cannot be made except with the con- 
currence of two-thirds of all the members elected to each 
house. 

Laws General. The General Assembly is forbidden 
to pass any local or special laws for levying taxes for 
state, county, or road purposes ; for laying out and 
improving roads ; for changing the names of persons ; for 
the incorporation of cities and towns ; for vacating roads, 
town plats, streets, alleys or public squares ; and for locat- 
ing or changing county seats. In these and all other cases 
of a general nature, all laws must be of uniform operation 
throughout the state. The legislature can pass no law for 



118 IOWA AND THE NATION 

changing the boundaries of counties, that may not, at a 
general election, be ratified or rejected by the people of the 
counties affected. 

Prohibitions. The General Assembly is prohibited 
from granting divorces, or authorizing lotteries and the sale 
of lottery tickets within the state. Only one subject, with 
the matters pertaining to it, can be included in any one bill, 
and the subject treated of must be stated in the title of the 
bill. If the subject matter of any bill is not expressed in 
the title, that part of the act referring to such subject mat- 
ter is void. 

Laws Effective. Laws of a public nature, passed at 
a regular session of the legislature, do not take effect 
until the Fourth of July after they are passed. The laws 
enacted at a special session take effect in 90 days after 
adjournment. Any law that is deemed to be of special 
importance may be put into effect immediately by publica- 
tion in certain designated newspapers published in the state. 

Committees. The draft of a proposed law is called 
a bill. As it would be impossible, in open session, to trans- 
act all business connected with law-making, it is customary 
to refer certain parts of the work to committees. These 
committees are of two kinds, standing and special. The 
nature' of the measure determines the committee to which 
it is referred. Committee meetings are held between the 
daily sessions of the legislature, and the result of their 
deliberations is reported to the proper house, for final 
action. 

Any person may be summoned by subpoena, to appear 
before any committee of either or both houses to testify 
upon any subject which the committee may be considering. 
The person so summoned is entitled to the same compensa- 
tion as witnesses before the district court, but he cannot 
demand the payment of his fees in advance. 



THE LEGISLATIVE DEPARTMENT 119 

Approval of Governor. Bills may be introduced in 
either house, but the other house may alter, amend, or 
reject them altogether. Before a bill can become a law, it 
must pass both houses and be signed by the speaker of the 
house and the president of the senate. It is then presented 
to the governor for approval. If he is satisfied with its 
provisions, he affixes his signature, and the bill becomes a 
law. If he objects to the bill, it is his duty to return it to 
the house in which it originated, with his objections. 

Veto. • These objections being entered upon the journal, 
this house then proceeds to reconsider the bill. If, 
after such reconsideration, the bill is again passed by a 
two-thirds majority of each house, it becomes a law, 
notwithstanding the governor's objections. The refusal of 
the governor to sign a bill is called his veto. Veto is a 
Latin expression, signifying, " I forbid it." 

Governors Neglect. The failure of the governor to 
return a bill within three days from the time it is pre- 
sented to him (Sunday excepted), is equivalent to his signa- 
ture, unless the General Assembly, by adjournment, prevent 
its return. Bills presented to the governor during the last 
three days of the session must be deposited by him with 
the secretary of state within 30 days from the time the 
legislature adjourned. He must also signify his approval 
by signing the bills, or if he vetoes a bill, his objections 
must be filed with the secretary of state, along with the 
bill itself. 

Readings of Bill. Every act or resolution receives 
three separate readings, but its second and third readings 
can not occur upon the same day. A bill cannot be passed 
without the assent of a majority of all the members elected 
to each branch of the legislature. The question upon its 
final passage must be taken immediately after its last read- 
ing, the vote being by yeas and nays. 



120 IOWA AND THE NATION 

The procedure in making laws is practically the same in 
the Congress of the United States and in all state legisla- 
tures. This method is fully explained in Part III, page 212. 

Joint Convention. Certain business of the General 
Assembly is transacted in joint convention of both houses. 
Such meetings are held in the hall of the house of repre- 
sentatives, and in the absence of the president of the sen- 
ate and speaker of the house, a temporary president is 
chosen on joint ballot. A record of the proceedings is kept 
by the clerk of the house and the secretary of the senate, 
and recorded by them upon the journals of their respective 
houses. 

United States Senator. In 1913 the seventeenth 
amendment to the Constitution of the United States was 
ratified. This amendment provides for the election of 
United States senators by the direct vote of the people, and 
its ratification virtually repealed this clause of Article II of 
the constitution of Iowa. 

QUESTIONS AND SUGGESTIONS 

1. Name the departments of government and define 
each. 

2. What are the legal qualifications of senators and 
representatives ? 

3. How many senators and how many representatives 
have we in Iowa? What provision does the constitution 
make as to the relative number? Who is your representa- 
tive? Senator? What party supported him? 

4. W r hen does the General Assembly meet? What 
officers are elected by each house? Who determines 
whether members have been duly elected? 

5. What privileges have the members? What restric- 
tions are placed upon them? 



THE LEGISLATIVE DEPARTMENT 



121 



6. What is the purpose of a vote by " Yeas and Nays " ? 

7. What is each of the following? Veto, governor's 
neglect, bill, law, joint convention, impeachment? 

8. Follow the proceedings of the General Assembly in 
the papers, if it is in session. Visit both houses if 
practicable. 

9. What advantages would a small legislature have over 
one of large membership ? What advantage is there in two 
houses ? 

10. If you were interested in having a law passed abolish- 
ing saloons, how would you go about it to bring it to the 
attention of the legislature? 

11. Secure a copy of the Code of Iozva and learn what 
laws the General Assembly has passed regarding : child 
labor, factory inspection, insurance of employees and public 
health. 

12. Study the subjects suggested in the statement above 
in other books and report on them in class or use them for 
subjects in your composition lesson. 



CHAPTER IV 

THE EXECUTIVE DEPARTMENT 
ARTICLE IV 

I. Officers Provided by the Constitution 

Governor. To the executive department belongs the 
duty of enforcing the laws of the state. The governor is 
the chief officer of the state. He is elected every second 
year by the qualified voters. The election occurs on the 
Tuesday next after the first Monday in November of each 
even-numbered year, and the term of office begins on the 
second Monday in January following the election. The 
duties of the governor are very important, for to him is 
entrusted the enforcement of the laws. 

Qualifications. The qualifications of the governor are 
not the same in all the states. In Iowa, no person is eligible 
to that position who is not a male citizen of the United 
States, at least thirty years of age, and who has not been 
a resident of the state for two years immediately preceding 
the election. A lieutenant-governor is chosen at the time 
the governor is elected. He must have the necessary qualifi- 
cations for governor, and his term of office is the same as 
that of the governor. 

Returns of Election. The returns of the election for 
governor and lieutenant-governor are sealed and trans- 
mitted to the seat of government. They are directed to 
the Speaker of the House of Representatives, and it is his 
duty to open and publish them in the presence of both houses 
of the General Assembly. 

122 



THE EXECUTIVE DEPARTMENT 123 

The persons who have received the highest number of 
votes for governor and lieutenant-governor respectively, are 
declared elected. In case of a tie vote for two or more 
persons for either office, it is the duty of the General Assem- 
bly in joint meeting to proceed to the election of governor 
or lieutenant-governor, as the case may be. 

Duties. The governor is required to discharge the fol- 
lowing duties: 

1. To act as commander-in-chief of the militia, and of 
the army and navy of the state. 

2. To transact business for the state with all civil and 
military officers of the government. 

3. To fill vacancies in state offices by appointment unless 
the laws provide that they shall be filled in some other way. 
These appointments last only until the end of the next 
meeting of the General Assembly or until the next general 
election. 

4. To transmit a message to the General Assembly as 
soon as the organization of that body is completed. This 
message contains a statement of the condition of the state, 
and such recommendations as the governor sees fit to make 
concerning important matters. 

Powers. The governor possesses the following powers : 

1. To fix the time for adjournment of the General 
Assembly in case both houses fail to agree upon a time for 
adjournment. 

2. To grant reprieves and pardons except in cases of 
impeachment and treason, subject to regulations provided 
by law. 

Each case of reprieve, commutation, pardon or remis- 
sion of fine or forfeiture must be reported to the General 
Assembly at its next meeting. In every case the report 
must give the name of the person relieved and the reasons 
for the governor's action. 



124 IOWA AND THE NATION 

3. To suspend execution of the sentence of a person 
convicted of treason until the General Assembly can pass 
upon the case. 

4. To remit fines and forfeitures under restrictions made 
by law. 

5. To require reports and other information from the 
other officers of the executive department upon any subject 
pertaining to their duties. 

6. To call special sessions of the General Assembly. 
The call must be made by proclamation, and when both 

houses have assembled it is the governor's duty to state 
the reasons for which they have been convened. 

Salary. The salary of the governor is fixed at $5,000 a 
year. He is also allowed his actual expenses for visiting 
the different state institutions. His house rent, not to 
exceed $600 dollars annually, is also paid out of the state 
treasury. 

Great Seal. — Motto. — The governor is the custodian 
of the great seal of the state, which is used by him officially 
in sealing all grants and commissions. All commissions 
granted by the governor must be signed by him and coun- 
tersigned by the secretary of state. The motto of the state 
is a grand one : 

''our liberties we prize, and our rights we will 
maintain/' 

Lieutenant-Governor. The lieutenant-governor is 
ex-officio president of the senate, but he has no vote except 
when that body is equally divided. In case of the absence 
or disability of this officer, or when he is discharging the 
duties of governor, it becomes necessary for the senate to 
choose a president pro-tent. The salary of the lieutenant- 
governor is fixed at double that of members of the senate. 
This, according to the present law, amounts to $2,000 for 
the term of two years. In case of the death, impeachment, 



THE EXECUTIVE DEPARTMENT 125 

resignation or removal of the governor, the duties of that 
officer devolve upon the lieutenant-governor, and during the 
time he is acting in such capacity, he receives the same 
compensation as the governor. 

President Pro-tern. If the lieutenant-governor, while 
acting as governor, is impeached or displaced, or for any 
other reason becomes unable to perform the duties devolving 
upon him, the president pro-tem of the senate acts as 
governor until the vacancy is filled, or the disability 
removed. And in case this officer becomes disqualified from 
any cause, the speaker of the house of representatives acts 
in his stead. 

Secretary of State. The secretary of state is elected 
by the qualified voters for a term of two years. He has 
charge of all the records of the territorial government of 
Iowa, the enrolled copies of the constitutions of the state — 
the old one of 1846 and the new one of 1857 — and all other 
records of the state not kept by the other executive officers. 
All commissions signed by the governor are countersigned 
by him, and a record of them is kept by him in a register 
provided for that purpose. 

He is also required to make a biennial report to the 
governor of all criminal cases as reported to him by the 
clerk of the district court of each county. He also acts as 
register of the land office, and there are many valuable 
papers and records relating to the sale of public lands on 
file in his office. His bond is fixed at not less than $5,000, 
but it is usually much more than that. His salary is $3,600 
a year, and that of his deputy, $1,800. 

Auditor of State. The auditor, elected for two years, 
is the general accountant of the state, and to him is 
entrusted the duty of keeping a correct account of all 
moneys belonging to the state as well as of all moneys 
expended. He superintends the fiscal afTairs, and fur- 



126 IOWA AND THE NATION 

nishes information and blanks in the proper form to enable 
county auditors and treasurers to report to him the items 
they are required to furnish by law. 

He draws warrants on the state treasury for all appro- 
priations authorized by law, and reports to the governor 
before each regular session of the General Assembly, the 
amount of all revenue, funds, income and taxable property 
of the state, together with the expenditures for all purposes 
since his last report. 

On the first Monday of March and September of each 
year, he apportions the interest on the permanent school 
fund among the counties in proportion to the number of 
persons of school age in each. The office of the auditor is 
at the seat of government, and everything that is necessary 
to enable him to discharge the duties devolving upon him 
is furnished at the expense of the state. His bond is fixed 
at not less than $10,000. His salary is $3,600 per year, and 
that of his deputy, $1,800. 

Treasurer of State. The treasurer, also an elective 
officer, receives all moneys belonging to the state and pays 
all warrants drawn upon the treasury by the auditor. He 
keeps a record of all warrants paid by him, and reports to 
the auditor once a week the number and amount of each 
paid since his last report, and also the name of payee in 
each case. A report of the affairs of his office must be made 
to the governor as soon as practicable after the first Monday 
of November in each even-numbered year. His bond is 
fixed at not less than $300,000. His salary is $3,600, and 
that of his deputy, $1,800 per year. 

II. Officers Provided by the General Assembly 

Superintendent of Public Instruction. The state super- 
intendent of public instruction, who is appointed by the 



THE EXECUTIVE DEPARTMENT 127 

governor for a term of four years, has general supervision 
of public schools of the state. He holds conventions of 
county superintendents, from time to time, for the purpose 
of giving explanations and instructions that will lead to 
uniformity in the school work of the different counties. 
His salary is $4,000 per annum. The duties of the Super- 
intendent of Public Instruction are described in Part I, 
Chapter VII, Education. 

Mine Inspectors. There are three mine inspectors 
appointed by the governor, to serve for six years. Their 
term of office commences on the fourth day of July begin- 
ning with the year 1914. For convenience, the state is 
divided into three districts, one inspector being assigned to 
each district. These officers are required to give all their 
time to the discharge of their duties, and a careful examina- 
tion of all the mines of the state is made at frequent 
intervals. 

It is their special duty to see that the mines operated in 
the state are properly ventilated, and that suitable outlets 
from the mines are provided. They must also see that the 
best appliances for the preservation of the life and health 
of miners are used in the mines. No person can be ap- 
pointed mine inspector unless he is a citizen of the United 
States and of Iowa, of good moral character, and at least 
twenty-five years of age. Each mine inspector must have 
been a practical miner for at least five years. The salary 
of each inspector is $1,800 a year. 

State Sealer of Weights and Measures. This officer 
is appointed by the dairy and food commissioner, with the 
approval of the executive council. It is his duty to have 
general supervision of all weighing and measuring devices 
used in the state and to see that only accurate weights and 
measures are used. The standard weights and measures are 
provided by the state and are kept in a building erected for 



128 IOWA AND THE NATION 

that purpose by the state, at Des Moines. The salary of 
the sealer, or chief inspector, of weights and measures shall 
not exceed $1,800 a year and actual expenses. 

Veterinary Surgeon. The state veterinary surgeon is 
appointed by the governor for a term of three years, unless 
sooner removed. He must be a graduate of some veterinary 
college, and a person skilled in veterinary science. He has 
general supervision of all contagious and infectious diseases 
of animals within the state, and he is empowered to quar- 
antine any animals so diseased, whether they are owned in 
the state, or are in transit through the state. The person 
holding this office becomes a member of the state board of 
health by virtue of his appointment. His compensation is 
$1,800 a year, and actual expenses during the time he is 
occupied in the discharge of his duties. 

Attorney- General. The attorney-general is a lawyer 
who acts as counsel for the General Assembly and state 
officers, and appears for the state in all cases, civil or crimi- 
nal, in which the state is a party, when requested to do so 
by the governor, executive counsel, or General Assembly. 
He appears as prosecuting attorney for the state in all 
criminal cases tried by the supreme court upon appeal from 
the district court. At the request of the legislature or any 
state officer, it is his duty to give, free of charge, his 
opinion in writing upon any question of law that may be 
submitted to him. 

The attorney-general is provided with an office in the 
capitol building at Des Moines. His salary is fixed at $5,000 
a year, and that of his assistant, at $1,800. He is also 
allowed his necessary traveling expenses when attending to 
any of the duties of his office elsewhere than at the seat of 
government. He is required to make a complete report of 
the business of his office to the governor, biennially. 

Adjutant-General. The adjutant-general is an officer 



THE EXECUTIVE DEPARTMENT 129 

appointed by the governor to act as inspector and paymaster- 
general of the militia. He has the rank of brigadier-general. 
On or before the first Monday of January of the year fol- 
lowing the one in which the census of the state is taken, he 
reports to the adjutant-general of the United States the 
whole number of persons in the state subject to military 
duty. He issues all orders of the governor relating to 
military law, and causes them to be published, from time 
to time, as it becomes necessary. He keeps a roll of all 
commissioned officers of the militia, with their residence 
and rank, and such other information as may be necessary 
concerning them. His salary is $2,200 a year. 

State Printer. The state printer is elected by the 
General Assembly in joint convention for a term of two 
years. His office is at the seat of government, and it is his 
duty to print the journals of both houses of the General 
Assembly, and the laws enacted by that body, as well as all 
forms, blanks and other incidental matter required by the 
different state officers. His work must be promptly done in 
a workmanlike manner, and for it, he receives compensation 
fixed by law, the amount of which depends upon the work 
done. His bond is not less than $5,000 and must be signed 
by at least three sureties. His term of office begins on the 
first day of January of the year next following his election. 

State Binder. This officer is elected in the same man- 
ner as the state printer, and enters upon the discharge of 
his duties at the same time. His duty is to bind the laws, 
journals, and such incidental printed matter as may be 
required for the use of the state. The work must be 
done in a neat and workmanlike manner, and to secure 
this, he is required to furnish a bond of not less than 
$2,000. His salary depends upon the amount of work done, 
the prices of the different kinds of work being fixed by law. 

State Librarian. The state librarian is appointed by 



130 IOWA AND THE NATION 

the governor, and he is required to give his personal 
attention to the care of the state library during the time it 
is kept open. He is also required to keep a complete alpha- 
betical catalogue of all books belonging to the library. He 
reports to the trustees, at stated times, the number and 
title of all books in the library, the amount of all fines and 
forfeitures received, and such other information as may be 
required by law. 

His bond is fixed at $5,000, and his salary at $2,400 a 
year. He appoints three assistant librarians at salaries rang- 
ing from $900 to $1,800 a year. 

Dairy and Food Commissioner. The food and dairy 
commissioner is appointed by the governor for the term 
of two years, commencing on the first day of May of each 
even-numbered year. His salary is fixed at $2,700 a year 
and actual expenses, and his bond at $10,000. The office 
was established to aid in abolishing the manufacture and 
sale of imitations of dairy products, or at least to compel 
manufacturers and dealers in the spurious articles to label 
them properly, and sell them as imitations under the names 
by which they are commonly known. The commissioner 
must be a person who has had practical experience in the 
manufacture of dairy products. He is furnished an office 
at Des Moines, and to enable him to perform all the duties 
required of him an appropriation of $50,000, or so much 
thereof as may be necessary, is made annually. 

The Thirty-sixth General Assembly (1915) enacted a 
law which provides for a state trade-mark to be placed 
upon properly inspected butter. 

Inspector of Illuminating Oils. The governor, under 
the direction of the state board of health, appoints 
not to exceed fourteen inspectors of illuminating oils, bien- 
nially. The term of office begins on the first day of July 
of each even-numbered year. It is the duty of these officers 



THE EXECUTIVE DEPARTMENT 131 

to test all the illuminating oils made from petroleum, and 
designed to be sold for use in this state. All oils that are 
not properly refined, and those that for any cause will emit 
a combustible vapor at a lower temperature than 105 degrees 
Fahrenheit are rejected by the inspectors, and severe penal- 
ties are provided for the punishment of any person who may 
be guilty of selling, or offering for sale, any oil so rejected. 

Every barrel or cask inspected is properly labeled or 
branded and the inspector's name signed. The number of 
degrees at which combustible vapor is generated is also 
recorded on the barrel or cask, and a careful record is 
kept of all inspections made. The chief inspector is allowed 
fees not to exceed SI 50 a month; other inspectors, fees not 
to exceed S100 a month. The inspector may appoint as 
many deputies as may be necessary to enable him to per- 
form the duties of his office. The bond of each inspector is 
fixed at S5,0G0. 

Fish and Game Warden. For the purpose of keeping 
the rivers and lakes of Iowa stocked with fish, pro- 
vision has been made for a fish hatching house, at Spirit 
Lake, owned by the state, and from which small fish in 
vast numbers are distributed annually. The Fish and Game 
Warden has charge of this hatching house, and also of the 
erection of fish ways, by means of which fish may pass up, 
down or through the water courses of any of the rivers and 
lakes of Iowa. It is also his duty to see that the law to 
prevent the catching of fish at certain seasons of the year is 
complied with. His salary is S2.200 a year, and he appoints 
three deputies at a salary of SI. 200 a year each. 

Other Officers. A custodian of public buildings is 
appointed by the governor, with the consent of the senate, 
at a salary of SI. 500 per year. He is entrusted with the care 
of the capitol and grounds. 

A hotel inspector is appointed to enforce the laws relat- 



132 IOWA AND THE NATION 

ing to the public safety and sanitation of hotels. He is a 
civil engineer and receives a salary of $1,500 a year. 

An inspector of bees is appointed by the governor to 
give advice concerning the care of bees and the production 
of honey. 

A director of weather and crop service is appointed by 
the governor at an annual salary of $1,500. It is his duty 
to establish weather and crop stations in each county, and 
to. make reports of the records and statistics gathered. 

Inspectors of boats are appointed to examine boats as to 
their safety and to issue licenses to persons qualified to 
operate them for the use of the public. 

A fire marshal is appointed by the governor at an annual 
salary of $2,500. It is his duty to investigate the causes of 
fires and to issue information designed to prevent them. 
He is empowered to enforce laws against buildings which 
are unsafe or improperly constructed. 

III. State Boards, Commissions and Societies 

Executive Council. The governor, auditor, secretary 
of state and treasurer compose the Executive Council. Any 
three of these officers constitute a quorum for the transac- 
tion of business. The duties of this body are numerous 
and important, for to it is given the general management of 
the property of the state. 

The duties of township trustees, town councils and boards 
of supervisors as boards of equalization are explained else- 
where. In the same manner the executive council of the 
state serves as a board of equalization between counties. A 
board of this kind is necessary in order that taxation 
for the support of the state government may be uniform. 
By accident or design the property of a county might be 
assessed very low. This would lessen the amount of money 



THE EXECUTIVE DEPARTMENT 133 

raised for state purposes, but it would not affect local 
taxation. 

To raise a specified sum of money for school purposes, 
for example, by lowering the assessment, it would be neces- 
sary simply to raise the rate of taxation. Local boards, 
generally, are required to estimate the amount of money 
to be raised instead of fixing the rate of assessment. See 
Chapter VI, Part I, Taxation. 

The other duties of the Executive Council are to act as a 
board to audit accounts of supplies furnished the different 
state officers, and to provide paper for the public printing as 
well as stationery for the General Assembly, the public 
offices and the supreme court. All warrants drawn by this 
board are paid out of the public treasury, but all moneys 
so drawn must be reported to the next General Assembly. 

Board of Control. The most important law enacted 
by the Twenty-seventh General Assembly provided for a 
board of control for the various institutions supported by 
the state. This law made a sweeping change in the manage- 
ment and control of all the state institutions, except the state 
university, the state teachers' college, and the state agricul- 
tural college. The trustees of all the state institutions, not 
educational, went out of office July 1, 1898, and at that 
time, their management passed into the hands of the board 
of control. 

Members. The board of control consists of three mem- 
bers, appointed by the governor, but the appointment 
must be confirmed by two-thirds of the members of the 
senate in executive session. The members of the first board 
were to serve for two, four and six years respectively, and 
their successors the full term of six years. The chairman 
of the board for each biennial period is the member who has 
the shortest term to serve. All members of the board can- 
not belong to the same political party, and no two members 



134 OWA AND THE NATION 

shall be residents of the same congressional district at the 
time of their appointment. 

Duties. The following institutions are under the manage- 
ment of the Board of Control : 

State Hospitals for the Insane 

School for the Deaf 

Institution for the Feeble-minded 

Industrial Home for the Adult Blind 

Soldiers' Home 

Soldiers' Orphans' Home 

Industrial School for Boys 

Industrial School for Girls 

The Penitentiary at Fort Madison 

The Reformatory at Anamosa 

The Tuberculosis Sanitarium. 
Salary. The salary of each member of the board of con- 
trol is $3,000 a year and all necessary traveling expenses 
incurred in the discharge of his duties. The bond of each 
member of the board is fixed at $25,000, with sureties to be 
approved by the governor. Suitable' offices are provided for 
the board at the seat of government, and the board is allowed 
a secretary and such other clerical help as may be necessary 
to enable it to do the work required in a satisfactory manner. 
State Agricultural Society. The State Agricultural 
Society was organized for the purpose of stimulating 
an interest in improved methods of farming and stock rais- 
ing. There are 104 local societies in Iowa, and delegates 
from these local organizations are chosen annually to attend 
a meeting of the state society for the purpose of choosing a 
president, vice-president, secretary and treasurer, for one 
year, and a board of five directors to serve for two years, 
and for the transaction of other business in which the 
society may be interested. A state fair is held annually at 
Des Moines under the direction of this society, and the best 



THE EXECUTIVE DEPARTMENT 135 

products of the farm are there exhibited. Premiums for the 
best exhibits of all kinds are paid, aggregating $25,000 a 
year. 

Horticultural Society. The object of this society is to 
promote an interest in horticulture. It works in connection 
with the State Agricultural Society, and, owing to its 
efforts, an increased interest is shown in the raising of 
the various products of the garden. The sum of $2,500 a 
year is appropriated out of the state treasury for the benefit 
of this society. 

Railroad Commissioners. For many years, the rail- 
road commissioners of the state were appointed by the 
governor, subject to approval by the Executive Council, 
but the office is now an elective one. The term of office 
is four years. No person who is engaged in serving the 
public as a public carrier, and no one having a pecuniary 
interest in any railroad is eligible to the office of railroad 
commissioner. 

These commissioners have the general supervision of all 
railroads operated by steam in the state, and it is their duty 
to see that the laws governing railroad companies and 
employees are strictly complied with. The books of any 
railroad company, at any station or office, are open to inspec- 
tion by this board, and any officer or agent may be examined 
under oath. On or before the first Monday of December 
of each year, they report to the governor the work done 
by them during the past year, and make such recommenda- 
tions in relation to their duties as they may think necessary. 

The salary of each commissioner is $2,200 a year ; that 
of the secretary, $1,800. To secure the faithful performance 
of his duties, each commissioner is required to give bonds 
to the amount of $10,000. Members of the board and the 
secretary are sworn to perform the duties devolving upon 
them to the best of their ability. 



136 IOWA AND THE NATION 

Dental Examiners. The members of this board are 
five in number, one being appointed each year by the gov- 
ernor of the state, for a term of five years. All dentists 
doing business in the state are required to register with the 
board, and all persons commencing the practice of dentistry 
must possess a diploma from some reputable college of den- 
tistry, or pass a satisfactory examination before the board 
and receive a license to practice in the state. Each member 
is allowed five dollars a day and actual expenses for the 
time employed. 

Board of Health. The establishment of the board of 
health was for the purpose of making such regulations and 
investigations such a board may from time to time deem 
necessary for the improvement or preservation of the public 
health. The board issues, from time to time, circulars and 
pamphlets containing valuable information about the pre- 
vention of contagious diseases, and along the lines of general 
sanitation. 

The state is becoming more and more interested in public 
health. In addition to the activities of the board of 
health, many laws have been passed providing for pure 
foods and drugs, sanitary factory conditions, restriction 
of child labor, and many other measures designed to safe- 
guard the health of the people. One of the most important 
provisions in the interest of public health was made by the 
General Assembly in 1915. By the terms of this provision, 
medical treatment for crippled boys and girls will be 
given in the state medical hospital at Iowa City free of 
charge. 

Hozv Composed. The board is composed of the attorney- 
general and the state veterinary surgeon, who are members 
ex-officio, a civil engineer, and seven physicians who are 
appointed by the governor. The term of office is seven 
years, and it is so arranged that the term of one of 



THE EXECUTIVE DEPARTMENT 137 

the physicians expires on the thirty-first day of January of 
each year. The board elects a president from its own mem- 
bership. A secretary is also chosen at a salary of $2,400 a 
year. The regular members of the board are paid their 
actual expenses while serving in their official capacity, but 
they receive no salary. 

Commissioners of Pharmacy. The three members of 
this commission are appointed by the governor for a term 
of three years. The members of the board are selected 
from the most competent pharmacists in the state, and 
no person is eligible to membership unless he has been a 
resident of the state for five years, and been a practicing 
pharmacist for the same length of time. 

The special work of this board is to see that none but 
thoroughly competent persons are permitted to sell drugs 
and fill prescriptions of medicine. To accomplish this, all 
persons who desire to engage in the business of selling drugs 
or dispensing medicines within the state, must first obtain 
a certificate from the commissioners of pharmacy. The 
examinations conducted by this board are very strict. The 
compensation of each member is five dollars for each day 
actually employed in the discharge of his duties. 

State Highway Commission. This commission con- 
sists of three members with its office at the Iowa State 
College, at Ames. One of the members is dean of engineer- 
ing at the State College and the other two are appointed 
by the governor for a term of four years. Their duties are 
to devise plans for the construction of good roads in the 
different counties of the state. The two members appointed 
receive ten dollars a day for the time actually employed, 
but the total salary shall not exceed $1,000 a year. 

State Board of Education and State Board of Exam- 
iners. The duties of these boards are described in 
Chapter VII, Education. 



138 IOWA AND THE NATION 

Board of Parole. The constitution confers the power 
of paroling prisoners upon the governor, and it can be 
exercised by him only, but the General Assembly has pro- 
vided a board of three members. This board meets at least 
four times a year to investigate cases for pardon or parole, 
and make recommendations to the governor. The governor 
usually follows their recommendations, since they have gone 
carefully into the merits of each case. The board of 
parole was created as a result of the modern movement 
for prison reform, in which an attempt is made to reform 
rather than punish criminals, and to return them to society 
as useful citizens. 

Historical Society. This society was organized for the 
purpose of collecting and preserving everything of a his- 
torical nature, in connection with the state of Iowa. Books, 
pamphlets, maps, charts, manuscripts and other material 
of a like character bearing upon the history, progress and 
present condition of the state, are obtained from all sources 
possible, and arranged in suitable form for preservation. 
The collection made by the society is kept in the state his- 
torical building at Des Moines. The officers of the society 
consist of eighteen curators, nine being appointed by the 
governor in June of each even-numbered year, and nine 
chosen by the society from its own membership in June 
of each odd-numbered year. No officer or member of the 
society receives any compensation from the state for his 
services. 

Bureau of Labor Statistics. The principal work of 
this bureau is performed by an officer called the commis- 
sioner of labor statistics. It is his duty to collect and 
arrange statistics designed to show the exact commercial, 
social, educational and sanitary condition of the laboring 
classes of the state, and the changes that are being made in 
the condition of these classes, for better or worse. He is 



THE EXECUTIVE DEPARTMENT 139 

charged with the collection of information concerning the 
agricultural, manufacturing and mining interests of the 
state. It is also his duty to correspond with persons likely 
to be interested in the development of any of Iowa's 
resources, and to furnish such persons with any information 
they may desire concerning the products of the state. 
A biennial report of the work done by this bureau is 
required by law. 

The commissioner is appointed by the governor for a 
term of two years, commencing on the first day of April 
in each even-numbered year. The salary is $1,800 a year, 
with an allowance for the necessary postage, stationery and 
expenses of the office. There are also three factory 
inspectors at a salary of $100 a month, and one of these 
must be a woman. 

Greater activity is being assumed by the state each 
year in the solution of its industrial and labor problems. 
The General Assembly of 1915 established a state employ- 
ment bureau. It is the purpose of this bureau to provide 
employment for men who are out of work. 

Other Boards. There are a number of other boards 
whose chief duty is to act as examiners and issue licenses. 
The board of law examiners is composed of the attorney- 
general and four other members appointed by the supreme 
court. It is their duty to examine applicants who desire to 
practice law. They receive $15 per day for time so spent. The 
board of examiners for mine inspectors is appointed by the 
Executive Council, and it is their duty to examine the qualifi- 
cations of those who wish to act as mine inspectors. The 
board of medical examiners is composed of the physicians 
who are members of the board of health. It is their duty 
to license persons qualified to practice medicine or 
osteopathy. The board of optometry examiners is composed 
of three optometrists, one physician and the secretary of 



140 IOWA AND THE NATION 

the board of health. Their duty is to examine and license 
persons qualified to practice optometry. 

The chief functions of the board of library trustees and 
the board of geological surveys is to appoint a competent 
librarian and geologist respectively. The first-named board 
is composed of the governor, secretary of state, superinten- 
dent of public instruction, and the judges of the supreme 
court. The geological board is composed of the governor, 
the presidents of the state university, state agricultural 
college and academy of science, and the state auditor. These 
officers receive no additional salary. The board of voting 
machine commissioners is appointed by the governor. It 
is composed of three members whose duty is to examine 
the accuracy of voting machines wherever they may be in use. 

Qualification of Officers. No civil officer can enter 
upon the discharge of his duties until he has qualified by 
taking an oath of office according to law. The governor 
and lieutenant-governor are required to take the official 
oath in the presence of the General Assembly in joint con- 
vention. The oath is administered to them by a judge of 
the supreme court. [Members of the General Assembly qual- 
ify by taking the oath prescribed for them in the third article 
of the constitution. 

Oath. In addition to the obligation to support the 
Constitution of the United States and that of the state of 
Iowa, judges of the supreme and district courts must sub- 
scribe to an oath in writing, that they will administer jus- 
tice to rich and poor alike, without fear, favor, affection or 
hope of reward. The officers above mentioned, together 
with county supervisors and township trustees, are not 
required to give bonds. 

Sureties. All other civil officers are required to give 
sureties in double the amount to be secured. For example, 
if the bond is fixed at $1,000, the signers must have property 



THE EXECUTIVE DEPARTMENT 141 

valued at $2,000 above all indebtedness. The amount of 
the bond required differs according to the responsibility of 
the office and the amount of money to be handled. The 
bond of the state treasurer cannot be less than $300,000, 
and is the heaviest one required. 

Bonds Approved. Bonds of state officers are fixed by 
law and approved by the governor, those of the county 
officers by the county supervisors. The township clerk 
approves the bonds of all township officers except his own 
and those of justices of the peace and constables. All 
officers are required to qualify before a stated time, usually 
the first Monday in January following their election, and a 
refusal to qualify within the time prescribed is considered 
a refusal to serve. 

Vacancies. Vacancies in office are filled by appoint- 
ment as follows : 

In the office of clerk and reporter 'of the supreme court, 
by the supreme court. In all other state offices, and in the 
membership of any board or commission created by the 
state, where no other method is especially provided, by the 
governor. 

In county offices, vacancies are filled by the board of 
supervisors, and in the membership of that board, by the 
county auditor, county recorder and clerk of the district 
court. 

Vacancies in township offices are filled by the trustees, 
but when the offices of the three trustees are all vacant, 
the clerk appoints the necessary officer, and if there is no 
clerk, the appointment is made by the county auditor. 

The constitution of Iowa provides that an officer 
appointed to fill a vacancy in an elective office holds until 
the next regular election, and until his successor is elected 
and qualified. But a person elected to fill such vacancy 
holds for the remainder of the unexpired term. 






142 IOWA AND THE NATION 

QUESTIONS AND SUGGESTIONS 

1. What are the legal qualifications for governor? What 
other qualifications do you think a governor ought to have? 
Who is our present governor ? Which party supported him ? 

2. W T hat are the duties of the chief executive of Iowa? 
In using his veto power he exercises a legislative function. 
Does he exercise any other influence over legislation? Are 
the branches of our government kept entirely separate? Do 
you think there ought to be a closer union between these 
departments in our state government similar to the com- 
mission form of city government? Give reasons for and 
against. 

3. Who is ex-officio president of the senate? What are 
his regular duties ? W r hen may he vote on legislation ? What 
is the order of succession in case of the death or disability 
of the governor? 

4. What executive officers are specifically provided for 
by the constitution? What article and section makes this 
provision ? State the duties of each of these officers. What 
would be the advantages of having them appointed by the 
governor ? 

5. Name ten executive officers not specifically provided 
for by the constitution. By what authority were these 
offices created? How are the offices filled? What are the 
advantages of these methods over having them elected by the 
people ? Is it undemocratic, that is, do these methods neces- 
sarily lessen the power of the people ? 

6. State which of the above officers have charge of the 
educational interests of the state. Which ones does the state 
provide in the interests of her natural resources? Which 
ones in the interests of her health and safety? Name at 
least two in each case. Which are merely appointed for 
economy in handling certain affairs of the government? 



THE EXECUTIVE DEPARTMENT 



143 



Could the state printing and binding be done more 
economically if given to private printers in the state? 

7. Who compose the Executive Council? If given the 
power, could this council handle the affairs of the state 
without a legislature? What are their duties as a council? 

8. Discuss the duties of the highway commission. In 
what ways do good roads benefit farmers? Town people? 
What advantages are good roads to consolidated schools? 
What amounts of money have been spent on road improve- 
ment? Has it been wisely spent? Why? Consult the county 
engineer or learn from books and other sources all you can 
concerning clay, loam, sandy and rocky roads, and the 
manner of improving them. Learn, if possible, the relative 
cost of brick, concrete, asphalt and macadam paving. 

9. Discuss the duties of the board of health. Secure 
as many pamphlets and bulletins as possible from the secre- 
tary of this board, who will be glad to send them free of 
charge. Study these and make them the basis of investiga- 
tion of problems of public health. Other sources should 
be drawn upon also. Investigate as many as possible of the 
following: (a) Contagious diseases, (b) disposal of house- 
hold waste, (c) pure water, (d) medical and dental inspec- 
tion in schools, (e) vaccination and quarantine, (f) 
ventilation of buildings, (g) baby health contests. In what 
ways are the commissioners of pharmacy and the dental 
examiners related to the problem of public health ? 

10. What societies has the state provided to encourage 
her greatest industries? Find out in how many other ways 
the state aids her agricultural and manufacturing interests. 

11. Secure information from the bureau of labor 
statistics and from other sources, and report on the fol- 
lowing: (a) Wage laws, (b) employment bureaus, (c) 
safety devices, (d) old age pensions, (e) vocational guidance. 

12. Devote at least one-half page in your note book to 



144 IOWA AND THE NATION 

each executive officer, board, society, commissioner or 
inspector. Make a record of the following points under 
each : 

1. Present incumbent 

2. How chosen 

3. When chosen 

4. Term of office 

5. Duties 

6. Other matters of interest. 



CHAPTER V 

JUDICIAL DEPARTMENT 

ARTICLE V 

Courts 

Established. Section 1 of Article V of the constitution 
of Iowa says: "The judicial power shall be vested in a 
supreme court, a district court, and such other courts, 
inferior to the supreme court, as the General Assembly may, 
from time to time, establish." 

In accordance with this provision the following lower 
courts have been established as the needs for them have 
arisen : The justice court, found in every township, the 
police court, which is the local court for the trial of minor 
offenses in cities where no superior court has been estab- 
lished, and the superior court, which is a city court, and may 
be established in any city of 4,000 or more inhabitants. 

The Justice Court. The justice court is the one that 
comes nearest the people, and is also at the bottom of the 
judicial scale. It is presided over by a justice of the peace, 
two justices of the peace being elected in every town- 
ship at each annual election (see page 13). They must 
reside in the township in which they are elected, but unless 
specially restricted by law, they exercise jurisdiction 
throughout the county in which they reside. 

Each justice keeps a record book, or docket, as it is called, 
in which he records all official acts done by him. The prin- 

145 



146 IOWA AND THE NATION 

cipal duty of justices of the peace is to hold court for the 
trial of certain kinds of offenses, and for the settlement 
of disputes or the collection of small sums of money by 
process of law. The justice of the peace may also perform 
the marriage ceremony, act as coroner and acknowledge 
papers and administer oaths, and bind over disorderly per- 
sons to keep the peace. He may try all civil cases in which 
the amount of the controversy does not exceed $100, and 
with the consent of both parties he may try cases in which 
the amount involved is as high as $300. In criminal suits 
the justice may try cases in which the penalty does not 
exceed $100. He may also conduct hearings in cases beyond 
his jurisdiction and bind the accused over to the grand 
jury by fixing such bail as the law authorizes. 

When a prisoner is bound over to appear before a higher 
court for trial, he gives a bond signed by responsible parties, 
in which it is agreed that if the accused does not appear 
for trial at the proper time, the amount of money named 
in the bond will be paid over to the proper officers for the 
benefit of the school fund of the county. Persons who can- 
not furnish bonds in such cases are sent to the county jail 
to await trial. 

Lawsuits. Suits at law are of two kinds, civil and 
criminal. A civil suit is one for the enforcement or protec- 
tion of right or the prevention of wrong doing. A criminal 
suit is brought in the name of the state for the purpose of 
punishing an offender against the criminal laws of the state. 

Crimes are of two classes, felonies and misdemeanors. A 
felony is a crime that may be punished by imprisonment in 
the penitentiary, or by heavy fine. A misdemeanor is a 
minor crime, and is punished by light fine or imprisonment 
in the county jail. Murder, manslaughter, burglary, arson, 
grand larceny, and several other crimes are felonies. Petit 
larceny, assault and battery, drunkenness, the refusal of an 



JUDICIAL DEPARTMENT 147 

officer to perform his official duties, and other lighter 
offenses are misdemeanors. 

The person who begins the suit is called the plaintiff, and 
the person sued, the defendant. 

Notice of Suit. Some suits in justice courts may be 
commenced by the voluntary appearance in court of both 
parties to the suit. In many cases, a written notice from 
the justice of the peace to the defendant is necessary. Such 
a notice must contain the name of the defendant, or a 
description of him, if his name is unknown, the nature of 
the claim, the amount claimed by the plaintiff, and the time 
set for trial. The notice is then given to the sheriff or any 
constable of the county to be served upon the defendant. 
The notice must be served within ten days of the time it is 
issued, and the trial must be held w r ithin fifteen days of the 
date of the notice. The defendant in any civil suit may 
put a stop to the proceedings at any time by paying the 
amount of the claim with the costs that have accrued. 

Change of Venue. Before the trial commences, either 
party may have it changed to some other justice court by 
filing an affidavit, or written statement under oath, stating : 

1. That the justice is prejudiced against him. 

2. That the justice is a near relative of the other party 
to the suit. 

3. That the party filing the affidavit considers the justice 
a material witness against him. 

4. That he believes he will not receive justice at the 
hands of the officer before whom the action was commenced. 

This is called a change of venue, and it is designed to 
be a protection to personal rights. 

Trial by Jury. The Bill of Rights secures to all the right 
of trial by jury. In the higher courts the jury consists of 
twelve members, but in justice courts it consists of six mem- 
bers. In civil cases a trial by jury may be waived with the 



JUDICIAL DEPARTMENT 149 

consent of both parties, but any person accused of crime 
has the right to demand a jury trial. If the person is found 
not guilty, he is set at liberty at once. If he is convicted, 
the justice renders the judgment of fine, or imprisonment, 
or both, as the case may require. Criminals sometimes 
plead guilty to the crimes of which they are accused in the 
hope of receiving a light sentence. 

Postponement. After a case has come to trial, it may be 
postponed for not more than sixty days to enable either 
party to secure additional witnesses. 

The Superior Court. A superior court may be 
organized by vote of the people of any city having 4,000 
inhabitants. When established it takes the place of the 
mayor's court or the police court. Each superior court has 
one judge chosen by the qualified voters of the city in which 
the court is established for a term of four years. His salary 
is $3,000. One-half of the salary is paid by the city and 
one-half by the county. The superior court has exclusive 
jurisdiction in all cases arising under the ordinances of the 
city in which it is established, and concurrent jurisdiction 
with the district court in all civil matters, except actions for 
divorce, separate maintenance and the like, and probate 
matters. It also has concurrent jurisdiction with justice 
courts. Cases from the justice court within the town where 
the superior court is located may be appealed to that court, 
and cases from any town in the county may be so appealed 
with the consent of both parties. 

In rank the superior court is between the court of the 
justice of the peace and the district court. 

District Court. The district court now has general 
original jurisdiction in all suits at law, both civil and 
criminal, except those in which exclusive or concurrent juris- 
diction is given to some other court specially authorized by 
the constitution and laws of the state. It is also a court 



150 IOWA AND THE NATION 

of equity. As a court of probate, rt has exclusive original 
jurisdiction in the proving of wills, and in the appointments 
of administrators, guardians, and trustees to settle the estates 
of persons deceased. This court also serves as a court of 
appeals in certain proceedings from justice and police 
courts. 

In addition to the regular judicial business of this court, 
it has the general supervision of all inferior courts, and 
provides for the correction of abuses, in case no special 
remedy is fixed by law. It also has exclusive jurisdiction 
over all indictments presented by the. grand jury. 

District Judges. Iowa is separated into 21 judicial dis- 
tricts, and there are in all 59 judges. Each district has from 
one to five judges, according to the amount of business to be 
transacted. The salary of district judges is $3,500 a year. 
The term of office is four years, beginning on the first of 
January following the election. Judges are chosen at the 
general election by the qualified voters of the district in 
which they reside, and all candidates for the office of dis- 
trict or supreme judge are nominated on a non-partisan judi- 
cial ticket. 

Supreme Court. The supreme court consists of seven 
judges whose term of office is six years. Two judges are 
elected at each general election, except that beginning with 
the election held in 1914, and at each third general election 
thereafter, an additional judge is chosen. Both the nomina- 
tion and election of supreme, district and superior court 
judges in Iowa is non-partisan. At the primary election the. 
same names of candidates for nomination appear on all bal- 
lots, regardless of political party. Each voter may cast his 
vote for twice as many candidates to be nominated as there 
are places to be filled at the general election. At the general 
election in November, there is a separate place on each ballot 
known as the "non-partisan ticket" upon which are placed 



JUDICIAL DEPARTMENT 151 

the names of the judicial candidates nominated at the pri- 
mary. Thus, if there are two judges to be elected, and four 
names appear on the ballot, the two receiving the highest 
vote are declared elected. 

Organisation. The court is divided into two sections of 
three members each, the chief justice presiding in open 
court with each section. Each of these sections may hold 
court and decide cases separately. It is evident that if the 
three members in a section and the chief justice agree in 
any particular case, it is not necessary to submit such case 
to the whole court, since either section with the chief justice 
constitute a majority of the court. However, if differences 
arise concerning any case between the members of either 
section, or, if the chief justice so orders, such case shall 
be submitted to the whole court. 

Three sessions are held each year beginning in January, 
May and September in the supreme court room of the 
capitol. During the time court is not in session, the mem- 
bers are engaged in examining the evidence in cases that 
have been appealed from lower courts. 

Powers and Duties. The supreme court has original 
jurisdiction in two kinds of cases only — certiorari and man- 
damus. (Certiorari is a writ requiring an inferior court to 
send in to the supreme court proceedings that are pending 
in the inferior court for revision. Mandamus is a writ 
issued by the highest court to a person, corporation or an 
inferior court commanding the party to whom it is issued 
to do the thing specified in the writ). Its jurisdiction is 
almost entirely appellate, that is, most of its work consists 
in deciding cases which have been tried in the lower courts. 
These cases involve both questions of law and questions of 
fact, but in all except equity cases, the supreme court decides 
only upon the points of law and not upon the facts, or the 
truth of testimony presented by the witnesses. That is, it 



152 IOWA AND THE NATION 

retries equity cases, but merely reviews the procedure and 
evidence in all other cases to determine whether they have 
been properly tried in the lower courts. 

The supreme court has the sole power of determining 
whether any law passed by the General Assembly is consti- 
tutional or not. If any provision of the constitution of the 
state is violated by the terms of a law, that law is unconsti- 
tutional, and when so declared is no longer considered a 
law of the state. The decisions rendered by the supreme 
court form the basis of procedure in the lower courts, and 
are final in all cases except such as, in some way, involve 
the constitution, laws or authority of the United States. 
Such cases are, of course, transferred to the Federal courts 
or appealed to the Supreme Court of the United States. 
In addition to the above-mentioned powers the supreme 
court of Iowa has general supervision of all the lower courts 
in the state. 

Officers. The officers of the supreme court are the chief 
justice, clerk and reporter. Of the judges whose terms of 
office first expire, the senior in time of service shall be 
chief justice for one year, and, if there be but two of them, 
the junior shall be chief justice the next year. If two or 
more are equal in time of service, then the right to the 
position and the order in which they serve shall be deter- 
mined by seniority of age. That is, the oldest in years will 
first serve one year, then the next oldest and so on in rota- 
tion. The clerk and the reporter of the supreme court are 
appointed by that court for a term of four years. The 
clerk keeps a record of all proceedings, files all the evidence 
submitted in the cases which are appealed to the supreme 
court, and delivers the decisions and opinions of the court 
to the reporter. It is the duty of the reporter to publish 
these decisions in large volumes which are copyrighted in 



JUDICIAL DEPARTMENT 153 

the name of the state, and are known as "Supreme Court 
Reports." 

The clerk of the supreme court has charge of all deci- 
sions made by the court. His duties are such as are indi- 
cated by his title. He is placed under bonds to the amount 
of not less than $10,000, and for his services he receives 
$2,700 per year. He is allowed to appoint a deputy, who 
is paid $1,500 per year. Hereafter, the clerk and reporter 
of the supreme court will be appointed by the supreme 
court. Their term of office is four years. 

The supreme court reporter has charge of publishing 
the decisions of the court in reports of from 750 to 800 
pages each. These reports are copyrighted in the name of 
the state, and the reporter is forbidden to have any 
pecuniary interest in them. The compensation for each 
volume of reports published is $600. 

Jurors. All qualified electors of the state, of good 
moral character, sound judgment, and in full possession 
of the senses of hearing and seeing, and who can speak, 
read and write the English language, are competent jurors 
in their respective counties. There are certain exceptions, 
however. All persons holding office under the laws of the 
United States, or of this state ; all practicing attorneys, 
physicians and clergymen ; all practicing professors or 
teachers in any institution of learning; registered pharma- 
cists, and all persons disabled by bodily infirmity, or over 
65 years of age. are exempt from liability to act as jurors. 
Any person summoned as a juror may be excused from 
serving for good cause shown. 

Grand Jury. The grand jury of any county serves 
as an investigator of crimes committed in that county. It 
has no power to try criminals and fix the punishment for 
crimes committed. Real or alleged violations of the crimi- 
nal laws of the state are reported to the grand jury, and if 



154 IOWA AND THE NATION 

the evidence against any person is such as to indicate that 
he has committed a crime, the grand jury prefers an indict- 
ment against him. He is then arrested, if possible, and 
held for trial before the petit jury. 

An indictment is a written accusation presented to the 
court in which the grand jury is impaneled, charging the 
person named therein with the violation of the criminal 
law, or with the commission of some act which is punish- 
able on indictment. Such an accusation can be made only 
upon the sworn statement of witnesses examined by the 
grand jury, or by evidence furnished by certain legal docu- 
ments, as provided by law. 

By an act of the Twenty-sixth General Assembly the 
grand jury consists of seven members. A list of the 
names of 75 persons qualified to serve as jurors is made in 
each county biennially, and from this number twelve names 
are chosen. From these twelve names, the seven persons 
who are to serve as grand jurors for each term are selected. 
The county auditor and clerk of the district court have 
charge of preparing the lists of grand and petit jurors. 

Petit Jury. In counties having a population of 15,000, 
or less, the number of petit jurors drawn is 15, unless the 
judge otherwise directs. In counties having a greater 
population, the number of petit jurors is 24. Twelve of 
these are selected as a trial jury, unless objections are 
raised against them by one or both parties to the suit. A 
trial jury always consists of 12 members in the district 
court, and provision is made for increasing the number of 
persons from whom the jurors may be selected, if 
necessary. 

Selection of Jurors. The method of selecting grand 
and petit jurors is practically the same. The county auditor 
is required to furnish the judges of election in each 
precinct, at the time of furnishing the poll books in each 



JUDICIAL DEPARTMENT 155 

even-numbered year, a statement of the number of persons 
appointed to their respective precincts to be selected by 
them for jury service for the ensuing two years. 

The board of supervisors of each county is entrusted 
with the selecting of jurors. It is authorized to strike from 
the list of jurors returned the names of any who are 
by law exempt. A complete list of the names of all per- 
sons subject to jury service is made by these officers, and 
the names and addresses of all persons on the list are writ- 
ten on separate ballots. These ballots are all put into a 
box, sealed, and delivered to the county auditor, except 
that in arranging the list of jurors from the city or town 
in which the court is held, the list of talesmen is put into 
a different box from the one containing the regular list. 

Talesmen. This second box is called the talesman box, 
and in case it becomes necessary to go outside the regular 
list of jurors chosen for any term of court, selections are 
made from this box. The drawing of jurors is intended to 
be entirely impartial, and as names are drawn from 
either of the boxes referred to, they are put away for safe 
keeping, and not returned to the original boxes until all 
the other names have been drawn out. This prevents a 
person from being chosen for jury service too frequently. 
The sheriff summons the persons whose names have been 
drawn, and they must appear for duty at the next term of 
court unless excused by the judge. 

At the close of each term of court the clerk issues a 
certificate to each juror showing the amount to which he 
is entitled for his services, and the auditor, upon the 
receipt of this certificate, is authorized to issue a warrant 
upon the county treasurer, without waiting for the board 
of supervisors to audit the claim. The compensation of 
grand and petit jurors is two dollars and a half a day, for 
the time actually employed, and ten cents a mile for the 



156 IOWA AND THE NATION 

necessary distance traveled in going to the place of meet- 
ing. Witnesses are paid one dollar and twenty-five cents 
a day, and the same mileage as jurors, for attendance upon 
sessions of the district court. 

Reports. The testimony given by witnesses in district 
courts is usually taken in shorthand by reporters appointed 
for that purpose. Each reporter is allowed compensation 
not to exceed six dollars a day for the time actually spent 
in attendance upon court. He is also allowed six cents for 
every one hundred words used in making transcripts of 
the testimony taken in court. 

QUESTIONS AND SUGGESTIONS 

1. Distinguish between supreme, district, superior and 
justice of the peace courts. Give the composition of each. 

2. In which of these courts do we have a trial by jury? 

3. Explain fully the difference between the petit and 
grand juries. Which is the trial jury? 

4. How T are petit jurors selected? Grand jurors? 

5. May we have women serve on juries? Who are 
exempt from jury service? 

6. What is an indictment? Secure a copy of one from 
the county attorney. 

7. Who is the chief justice of the Iowa Supreme Court? 
Who are your district judges? Why are judges now 
elected on a non-partisan ballot? 

8. Visit a session of the district court at the county 
seat. What officers may you expect to find there? 

9. The following steps are required in a criminal case 
in the district court: (a) Complaint, (b) warrant, (c) 
return, (d) subpoena, (e) examination of witnesses, (f) 
bond to appear for trial, (g) sending proceedings to county 
attorney, (h) indictment, (i) verdict of grand jury on 



JUDICIAL DEPARTMENT 157 

indictment, (j) challenging jurors, (k) arraignment. (1) 
plea, (m) testimony, (n) arguments, (o) charge to jury, 
(p) verdict, (q) sentence. The first four steps are taken 
in the lower court. Secure legal forms for as many of the 
above steps as require them. Study these in class, and if 
practicable organize the class for a "mock trial." 

10. Why should there be so many steps in convicting a 
criminal? Is it better to "let ten guilty persons go free 
than to punish one innocent person" ? Do you think that a 
speedy and certain conviction discourages evil doers, or do 
you think they do not give this a thought when they com- 
mit crime? 



CHAPTER VI 

STATE INSTITUTIONS* 

Soldiers' Home. The Twenty-first General Assembly 
provided for the establishment of a soldiers' home, and a 
committee, appointed by the governor, located it at Mar- 
shalltown, Marshall county. The object of this institution 
is to provide a home and subsistence for all honorably 
discharged soldiers, sailors and marines who have served 
in the army or navy of the United States, and who are 
disabled by disease, wounds or in any other way. Appli- 
cants must have served in an Iowa regiment, or been resi- 
dents of the state of Iowa for three years previous to the 
time of making application for admission. 

Soldiers' Orphans' Home. To Mrs. Annie Witten- 
meyer belongs the credit of securing a home for the 
soldiers' orphans of Iowa. In October, 1863, a conven- 
tion was called to meet at Muscatine for the purpose of 
devising some means for the support and education of 
these children. An association was formed and plans were 
perfected for soliciting contributions. A building at 
Lawrence, Van Buren county, was leased, and opened in 
July, 1864. The home was sustained by contributions until 
1866, when the state assumed control of it. Destitute 



*Since the educational system of the state is a unit, it was thought 
best to place all educational matter in the chapter on the school 
system (Chapter VII, Part I). Therefore the state educational 
institutions are discussed in that chapter. 

158 



STATE INSTITUTIONS 159 

children, not soldiers' orphans, may be admitted to this 
school in a manner prescribed by law. 

Hospitals for the Insane. The first hospital for the 
insane, in Iowa, was authorized by the General Assembly in 
1855, but it was not ready for use until six years later. It 
is located at Mt. Pleasant, Henry county. The second, 
was located at Independence, Buchanan county, in 1868, 
the third, at Clarinda, Page county, in 1884, and the fourth 
at Cherokee, Cherokee county, was opened for occupancy 
in the summer of 1902. 

The board and other expenses of the insane, are paid 
from the receipts of a tax levied for this purpose, by the 
supervisors of the respective counties. 

In each county, there is a board of commissioners of 
insanity consisting of the clerk of the district court, and 
two others, who are appointed by the judge of the district 
court, one of whom must be a practicing lawyer, and the 
other a practicing physician. All applications for the 
admission of insane persons to the hospitals must be made 
to these commissioners. After the person supposed to be 
insane is examined in the manner prescribed by law, the 
commissioners decide whether or not he shall be sent to the 
hospital. 

State Hospital for Inebriates. In 1904, the legislature 
passed a law which declares, "The industrial home for the 
adult blind at Knoxville shall hereafter be called the State 
Hospital for Inebriates, and shall be used- for the deten- 
tion, care, and treatment of all male dipsomaniacs, 
inebriates, and persons addicted to the excessive use of 
morphine, cocaine or other narcotic drugs." The manage- 
ment is in the hands of the state board of control. 

Tuberculosis Sanitarium. The state makes every pos- 
sible effort to safeguard public health. One of its latest 
achievements for this purpose is the establishment of a 



160 IOWA AND THE NATION 

tuberculosis sanitarium at Oakdale, near Iowa City. Here 
consumptives or tuberculosis patients live in a colony and 
are given the outdoor treatment under the direction of 
skilful specialists. 

Iowa Industrial Schools. The first school of this kind 
in Iowa was established in Lee county, in March, 1868, 
and in October of the same year, the first inmate was 
received. In 1873, the school was removed to Eldora, 
Hardin county, and some time after, 1880, a law was 
passed removing the girls to a separate school at Mitchell- 
ville, Polk county. 

These schools are intended for the reformation of such 
boys and girls under eighteen years of age as may be com- 
mitted to them. Any person under eighteen years of age, 
who is found to be guilty of any crime except murder, 
may be sent to these schools upon the order of the judge 
of the court in which he was convicted. 

Instruction is given in ethics, and in such of the com- 
mon school branches as the board of control prescribes. 
Each pupil is required to perform a certain amount of 
labor, which is varied according to his age, strength and 
special ability. With the consent of the parents or 
guardians, pupils may be bound out to service until the time 
of their majority. 

Penitentiary. The first steps towards establishing a 
penitentiary were taken by the territorial legislature in 
1839. This institution is located at Fort Madison, and 
within it are confined those criminals whose offenses are 
punishable by imprisonment in a state penitentiary. 

Reformatory. A second penitentiary, which is con- 
ducted on the plan of a reformatory, is located at Anamosa. 
This institution was opened in 1873. It has a ward for 
insane convicts, and another for women convicts. It is 
also used by the United States government for Federal 



STATE INSTITUTIONS 161 

prisoners. The discipline of the reformatory is strict, 
but kind. The convicts are taught trades, and no effort 
is spared to lead them to become self-respecting and useful 
citizens when the term for which they were sentenced has 
expired. 

The Thirty-sixth General Assembly (1915) made pro- 
vision for the employment of convicts in each penitentiary 
outside of the prison walls, in the belief that this method 
will be more conducive to their reformation. 

Government. Each institution is under the control of a 
warden, who is subject to the governor of the state. The 
wardens are elected by joint ballot of the General Assembly, 
and hold their offices two years. They are responsible for 
the government and discipline of the inmates of the prisons, 
and the receipts and disbursements of all moneys belonging 
to the institutions. The warden of each penitentiary is 
obliged to give bonds to the amount of $50,000, for the 
faithful performance of his duties. He is obliged to report, 
once a month, a complete statement of all official acts per- 
formed by him, since his last report, with a full account 
of the receipts and expenditures of the prison under his 
control. The other officers are the deputy warden, the 
chaplain, the physician and the guards. 

Good Time Law. Every prisoner sentenced to either of 
the penitentiaries for a term of years, or less, who does not 
violate the rules of discipline, is entitled to a reduction of 
his term of service. The new good time law went into 
effect July 4, 1890, by the terms of which prisoners are 
entitled to a reduction of one month for good behavior 
during the first year of sentence, two months for the sec- 
ond year, three for the third, four for the fourth, five for 
the fifth, and six months for each subsequent year of 
sentence. A proportional reduction is made for fractional 
parts of a year's sentence, and any prisoner who does not 



162 IOWA AND THE NATION 

violate the discipline of the prison during his term of 
service is entitled to a restoration of his rights of citizen- 
ship. This restoration is granted by the governor, upon 
the certificate of the warden, that the person released did 
not violate any of the rules of the prison during his term 
of service. 

Indeterminate Sentences. A great advance has been 
made in recent years in dealing with criminals. Reforma- 
tion is considered of more importance than mere punish- 
ment for crime. Iowa judges are now permitted to impose 
indeterminate sentences upon persons convicted of infamous 
crimes, the term of service depending upon the behavior 
of the convict. 

QUESTIONS AND SUGGESTIONS 

1. What higher educational institutions are supported 
by the State of Iowa? What is the specific object of each? 
Where is each located? Find out the name of the presi- 
dent of each. 

2. Why does the state, rather than each local com- 
munity, provide schools for defective children? How many 
such institutions are there in Iowa? Which are for phy- 
sically defective children? [Mentally defective children? 
[Morally defective? Should the object of the industrial 
schools be to punish or to reform ? 

3. Where is the Soldiers' Orphans' Home located? Tell 
something of its history. Do you think the charity of the 
state should be limited to the orphans of soldiers, or do 
you think the state ought to make a similar provision for 
all orphans? 

4. What qualifications are necessary to become an 
inmate of the Soldiers' Home? W r here is it located? Is 
establishing a home for old soldiers to the exclusion of 



STATE INSTITUTIONS 163 

other old people class legislation? See Section 6, Article 
I of the constitution, and explain whether this law is 
unconstitutional. 

5. Where are the hospitals for the insane located? 
Who decides whether a person should be sent to one of 
these hospitals? 

6. Where are the penitentiaries located? Does fear 
of being sent to one of these institutions prevent most 
people from wrong doing? What is the purpose of the 
indeterminate sentence? Should the state retain an inter- 
est in the prisoner after he is discharged? Why should 
prisoners be kept at regular work? What are the advan- 
tages of having large gangs of prisoners make permanent 
state roads? Why are modern prisons well ventilated, well 
lighted and strictly sanitary ? Do prisoners respond to con- 
fidence and humane treatment? 

7. Where is the Tuberculosis Sanitarium located? 
What is the modern theory in the treatment of tubercular 
patients? In what ways may every citizen cooperate with 
the state in safeguarding public health? 



CHAPTER VII 

MISCELLANEOUS MATTERS 

Militia 

Iowa National Guards. All able-bodied male citizens 
of the state, between the ages of 18 and 45 years, except 
such as have served in the United States service and been 
honorably discharged, compose the militia. The General 
Assembly has at different times passed such laws for 
arming, equipping and training the militia, as have been 
necessary to comply with the regulations adopted by Con- 
gress. At present, an annual appropriation of $50,200 is 
made to cover these expenses. All commissioned officers 
are elected by those subject to military duty, and com- 
missioned by the governor. 

Organisation. The governor is commander-in-chief 
of the militia, and may call it out at any time when the 
public safety requires. His powers are limited to this state 
only, and he cannot send a member out of the state against 
his will. Practically, the militia is unorganized, only a 
small portion being trained and equipped for duty. There 
are but two brigades of volunteers, numbering in all about 
2,300 men, known as the "Iowa National Guards." 

The Thirty-sixth General Assembly (1915) made provi- 
sion for the reorganization of the Iowa National Guards 
to conform with the wishes of the Department of War of 
the United States government, that each state provide 
a well-balanced fighting unit. 

164 




PC \~ 



^r 




Agricultural Hall 




Central Building 
IOWA STATE COLLEGE 



1 



■ 




Library 




il 



Northeast Quadrangle 
IOWA STATE TEACHERS COLLEGE 



MISCELLANEOUS MATTERS 165 

State Debts 

Prohibition. Article VII provides that the credit of 
the state cannot, in any manner, be given, or loaned, to any 
individual, association or corporation, and the debts of 
individuals, associations or corporations, cannot be assumed 
by the state, unless they were incurred for the benefit of 
the state in time of war. 

Limit of Debt. The state may contract debts not to 
exceed $250,000 to supply deficits in revenue, or to meet 
expenses not otherwise provided for. Money borrowed on 
the credit of the state must be used for no other purpose 
than that for which it was obtained. 

Losses. All losses to the permanent school or university 
fund which have been caused by defalcation or mismanage- 
ment, are audited by the proper authorities and form a 
permanent funded debt against the state for the benefit 
of the fund that has sustained the loss. Indebtedness 
created in this way does not form a part of that to which 
reference is made in the preceding paragraph. 

Special Debts. Certain other debts may be author- 
ized by special act of the General Assembly, but no law of 
this kind can take effect until it has been ratified by a 
majority vote of the people at a general election. After such 
a law has been approved by the people, the General Assem- 
bly may repeal it, provided no debt has been created in 
the meantime, for the purpose of which the law was passed. 
Every law that imposes, continues or revives a tax must 
state the object to which the tax is to be applied. Pro- 
visions for the regulation of state indebtedness are made 
in Article VII of the constitution. 

Corporations 

Restrictions. A corporation is an association of per- 
sons for the transaction of business under one firm name, 



166 IOWA AND THE NATION 

or as a single person. Such associations are usually gov- 
erned by a charter, the provisions of which define their 
powers and limit their responsibilities. This section pro- 
vides that no corporation can be formed by special law, 
but the General Assembly may by general enactment, 
provide for the organization of various corporations. 
The state cannot become a stockholder of any organiza- 
tion of this character, and no liabilities can be assumed by 
the state, unless they were contracted in time of war. 
The property of all corporations for pecuniary use is sub- 
ject to taxation the same as that of private citizens. 

Banking. It is expressly provided that no political 
or municipal corporation can in any way become a stock- 
holder in any banking corporation, and no association of 
persons with banking powers can be formed until the law 
authorizing its establishment has been ratified by a major- 
ity vote of the people at an election held at least three 
months after its enactment. The remainder of the section 
is devoted to the discussion of certain provisions relating 
to banks and banking corporations. Read Article VIII of 
the constitution. 

Amendments 

Manner of Amending. It is evident that no constitu- 
tion can be prepared to meet the wants of all future times 
and generations. The best governments are imperfect, and 
require alterations from time to time. All constitutions 
provide for their own amendment, but the process differs 
in different states. The process of amending the consti- 
tution of Iowa is quite lengthy, but it insures the people 
against hasty action. An amendment may be proposed in 
either house of the General Assembly, and, if a majority 
of all the members of each house favor it, it is entered 
upon both journals with the yeas and nays, and referred 



MISCELLANEOUS MATTERS 167 

to the next General Assembly at its regular session. The 
amendment, as adopted by the first General Assembly to 
which it was submitted, is published in the papers desig- 
nated by law, for three months previous to the election 
of members of the next General Assembly. If ratified by 
a majority of the second General Assembly, the proposi- 
tion is then referred to the electors of the state, and if a 
majority of the votes cast are in favor of it, it becomes a 
part of the constitution. See Article X. 

Amendments Adopted. The first amendment extended 
the right of suffrage by striking the word "white" from 
articles II, III and VI of the constitution. The second, 
or prohibitory amendment, was ratified by the people at a 
special election on the 27th of June, 1882, but it was 
declared unconstitutional by the supreme court. In Novem- 
ber, 1884, four amendments were ratified by the people. 
The first changed the time of holding all general elections 
to the Tuesday next after the first Monday in November. 
The second gave the General Assembly power to change the 
organization of the state for district court purposes. The 
third provided for abolishing the grand jury, or changing 
the number of members of that body to not less than five, 
nor more than fifteen, according to the decision of the Gen- 
eral Assembly. The fourth amended section thirteen of 
Article V of the constitution, so as to abolish L he office 
of district attorney and provide for the election of a county 
attorney in each county. 

Other Constitutional Provisions 

Article XI contains a number of unrelated provisions, all 
of which have for their purpose the safeguarding of the 
general welfare of the people. The most important of them 
are the following : 



168 IOWA AND THE NATION 

Justices of the Peace. Section one provides that the 
jurisdiction of justices of the peace shall extend to all 
civil cases (except chancery cases and real estate titles), 
where the amount does not exceed $100. By the consent 
of both parties, the jurisdiction may be extended to any 
amount not exceeding $300. 

New Counties. The second section declares that no new- 
county containing less than 432 square miles, can be 
created. The territory of any organized county cannot be 
reduced below that size. Provision is made for the organi- 
zation of Worth and other counties lying to the west of it 
along the northern boundary of the state, without addi- 
tional territory. 

Limit of Indebtedness. Section three provides that no 
county, or other political or municipal corporation, can 
become indebted in any manner, or for any purpose, to 
exceed the amount of five per cent of the value of its 
taxable property. The value of the property of the county 
or other corporation is determined by the last state and 
county tax-lists previous to the time the debt was incurred. 

Area. Section four provides that the boundaries of the 
state may be enlarged, with the consent of Congress and 
the General Assembly. 

Oath of Office. Section five is as follows : " Every 
person, elected or appointed to any office, shall, before 
entering upon the discharge of the duties thereof, take an 
oath or affirmation to support the Constitution of the 
United States, and of this state, and also an oath of office." 
The form of the oath is given elsewhere. The sixth sec- 
tion provides that persons elected to fill vacancies in office 
shall serve for the remainder of the unexpired term only, 
and all persons appointed to fill vacancies in office shall 
hold until the next general election, and until their suc- 
cessors are elected and qualified. 



MISCELLANEOUS MATTERS 169 

Capital, etc. The seventh section prohibits the Gen- 
eral Assembly from locating any of the public lands which 
have been, or may be granted by Congress to this state, 
upon lands actually settled, without the consent of the 
occupant. The last section establishes the seat of gov- 
ernment permanently at Des Moines, in the county of 
Polk, and the state university at Iowa City, in Johnson 
county. 

Organizing the Government 

Article XII contains the provisions necessary for organ- 
izing the government under this constitution. While all 
these provisions were made effective years ago, it is of 
interest to know how our state government was put in 
operation. The following provisions in this article will be 
found worthy of consideration : 

Supreme Law. The constitution is declared to be the 
supreme law of the state, and any law inconsistent with 
it shall be void. The General Assembly was authorized to 
pass all laws necessary to carry the constitution into effect. 
All laws that were in force at the time the constitution was 
adopted, and not inconsistent with it, were to remain in 
force until they expired or were repealed. 

All proceedings of any character pending in the courts 
at the time the constitution was adopted, were to be 
prosecuted to final judgment and execution, and all offenses, 
misdemeanors, and crimes that were committed before 
the adoption of the constitution were to be subject to 
indictment, trial and punishment in the same manner as 
they would have been, if the constitution had not been 
adopted. 

Fines and Forfeitures. All fines, penalties or for- 
feitures due, or to become due, to the state, or to any 
county, or to the school fund, were reserved to the fund for 



1/0 IOWA AND THE NATION 

which they were intended, in the manner prescribed by law. 
All bonds executed to the state, or to any officer in his offi- 
cial capacity, were to inure to the use of those to whom 
they were given. 

General Provisions. Sections six to eleven inclusive, 
contain provisions for the election of officers under the new 
constitution, and for the continuance in office of those 
chosen prior to its adoption. Section twelve authorized 
the General Assembly to divide the state into eleven judicial 
districts, for district court purposes, and also to provide 
for the apportionment of members of the General Assembly 
in accordance with the provisions of the new constitution. 

Adoption of Constitution. Section thirteen prescribes 
the plan to be pursued by the people in voting for or 
against the adoption of the new constitution. The last 
clause of the section is, ''And if it shall appear that a 
majority of all the votes cast at such election for and 
against this constitution are in favor of the same, the 
governor shall immediately issue his proclamation stating 
that fact, and such constitution shall be the constitution of 
the state of Iowa, and shall take effect from and after the 
publication of said proclamation." 

The fourteenth section provides for submitting to the 
people at the same election that the constitution is sub- 
mitted, a proposition to amend the same by striking out 
the word "white" from the article on the right of suffrage. 

The election was held August 3, 1857, and a majority 
of the votes cast was found to be in favor of the adoption 
of the constitution. The proposed amendment was defeated 
at this time, but, as stated in another place, it was adopted 
in 1868. The last section made the county of Mills a part 
of the sixth judicial district, until otherwise directed by 
law. 



MISCELLANEOUS MATTERS 171 

DISTRICT GOVERNMENT 

Congressional Districts. For convenience, the state 
is separated into districts for various purposes. Represen- 
tatives in the lower house of Congress are apportioned 
among the several states according to their population, and 
Iowa now has eleven members in that house. The state 
is separated into eleven congressional districts, and the 
ratio of representation is one representative for 212,407 
persons in the United States, as determined by the last 
census. 

Senatorial Districts. The state is separated into 50 
senatorial districts, and each district elects one member of 
the state senate. There is at present no fixed ratio of 
representation for senatorial districts, but the intention is 
to form the districts so that each senator shall represent 
about twice as many inhabitants as a state representative 
does. 

Representative Districts. There are 99 representative 
districts, and as these districts choose 108 representatives, 
some of the districts must choose more than one member. 
There are nine districts that choose two members each. 
They are Wapello, Black Hawk, Pottawattamie, Polk, 
Scott, Clinton, Linn, Woodbury, and Dubuque counties. 
The ratio of representation is one representative for every 
22,472 inhabitants or fraction thereof more than one-half. 
Any county having one and three-fifths times the ratio of 
representation is entitled to one additional representative. 

Judicial Districts. There are 21 judicial districts in 
the state. These districts are formed by act of the Gen- 
eral Assembly, and they are subject to change at any time 
by law. There is no basis of population for determining 
the size of judicial districts. 



MISCELLANEOUS MATTERS 



173 



Table of Districts 

Trie accompanying table will be found useful in study- 
ing the district organization of the state. In the proper 
columns, after each county name, will be found the num- 
ber of each kind of district to which that county belongs. 



Counties of Iowa 



NAME 

Adair 

Adams .... 
Allamakee . 
Appanoose . 
Audubon . . 
Benton .... 
Black Hawk 

Boone 

Bremer .... 
Buchanan .. 
Buena Vista 

Butler 

Calhoun . . . 
Carroll .... 

Cass 

Cedar 

Cerro Gordo 
Cherokee . . 
Chickasaw . 

Clarke 

Clay ....... 

Clayton .... 

Clinton .... 

Crawford .. 

Dallas 

Davis 

Decatur . . . 
Delaware . . 



COUNTY SEAT 



CONG. 
DIST. 



SEN. REP. 
DIST. DIST. 



JUD. 
DIST. 



Greenfield .... 

Corning 

Waukon 

Centerville . . . 

Audubon 

Vinton 

Waterloo .... 

Boone 

Waverly 

Independence . 
Storm Lake . . 

Allison 

Rockwell City 

Carroll 

Atlantic 

Tipton 

Mason City . . . 

Cherokee 

New Hampton 

Osceola 

Spencer 

Elkader 

Clinton 

Denison 

Adel 

Bloomfield . . . 

Leon 

Manchester . . 



9 
8 
4 
8 
9 
5 
3 

10 
3 
3 

11 
3 

10 

10 
9 
5 
4 

11 
4 
8 

11 
4 
2 

10 
7 
6 



16 

6 
40 

3 

17 
45 
38 
31 
39 
33 
50 
39 
27 
48 
18 
24 
43 
46 
44 
11 
47 
36 
22 
34 
17 

3 

5 
33 



29 
13 
90 
4 
34 
49 
66 
53 
72 
67 
78 
73 
61 
55 
30 
44 
87 
79 
89 
15 
83 
70 
45 
56 
36 
3 
6 
68 



D 

3 
13 

2 
15 
17 
10 
11 
12 
10 
14 
12 
16 
16 
15 
18 
12 
21 
13 
3 

14 

13 

7 

16 

5 

2 

3 

10 



174 



IOWA AND THE NATION 



COUNTY SEAT 



Des Moines 
Dickinson . . 
Dubuque .. . 
Emmet 
Fayette 

Floyd 

Franklin . . . 
Fremont . . . 
Greene 
Grundy .... 
Guthrie . . . 
Hamilton . . 
Hancock . . 
Hardin 
Harrison . . 
Henry 
Howard . . . 
Humboldt . 

Ida 

Iowa 

Jackson . . . 
Jasper 
Jefferson . . 
Johnson . . . 

Jones 

Keokuk 
Kossuth . . . 

Lee 

Linn 

Louisa .... 

Lucas 

Lyon 

Madison . . 
Mahaska . . . 
Marion .... 
Marshall . . , 

Mills 

Mitchell . . . 



Burlington .... 
Spirit Lake . . . 

Dubuque 

Estherville . . . 
West Union . . 
Charles City . . 

Hampton 

Sidney 

Jefferson .... 
Grundy Center 
Guthrie Center 
Webster City 

Garner 

Eldora 

Logan 

Mt. Pleasant . 

Cresco 

Dakotah 

Ida Grove . . . 

Marengo 

Maquoketa . . . 

Newton 

Fairfield 

Iowa City . . . 
Anamosa .... 
Sigourney .... 

Algona 

Ft. Madison . 

Marion 

Wapello 

Chariton 



CONG. 
DIST. 



1 
11 

3 

10 

4 

4 

3 

8 

10 

5 

9 

10 

10 

3 

9 

1 

4 

10 

11 

2 

2 

6 

1 

2 

5 
6 
10 
1 
5 
1 
8 

Rock Rapids 11 

Winterset 7 

Oskaloosa 6 

Knoxville 7 

Marshalltown 5 

Glenwood 9 

Osage 4 



SEN. 


REP. 


DIST. 


DIST. 


9 


21 


47 


97 


35 


69 


47 


96 


40 


71 


44 


88 


43 


74 


7 


10 


48 


54 


38 


65 


17 


35 


37 


63 


43 


86 


37 


64 


34 


32 


10 


20 


42 


92 


50 


76 


46 


59 


25 


40 


23 


46 


29 


38 


2 


19 


25 


41 


24 


47 


12 


24 


47 


8>S 


1 


1 


26 


48 


20 


22 


4 


16 


49 


99 


16 


28 


14 


25 


15 


26 


28 


51 


8 


11 


41 


93 



MISCELLANEOUS MATTERS 



175 



NAME 

Monona 

Monroe 

Montgomery . 
Muscatine . . . 

O'Brien 

Osceola 

Page 

Palo Alto 

Plymouth 
Pocahontas . . 

Polk .. 

Pottawattamie 
Poweshiek . . . 
Ringgold 

Sac 

Scott 

Shelby 

Sioux 

Story 

Tama 

Taylor 

Union 

Van Buren . . . 

Wapello 

Warren 

Washington .. 

Wayne 

Webster .... 
Winnebago . . 
Winneshiek . . 
Woodbury 

Worth 

Wrieht 



COUNTY SEAT 



CONG. SEN. 
DIST. DIST. 



REP. JUD. 
DIST. DIST. 



Onawa 

Albia 

Red Oak .... 
Muscatine . . . 
Primghar . . . 

Sibley 

Clarinda .... 
Emmetsburg . 
Le Mars .... 
Pocahontas . . 
Des Moines . 
Council Bluffs 
Montezuma . , 

Mt. Ayr 

Sac City 

Davenport 

Harlan 

Orange City .. 

Nevada 

Toledo 

Bedford 

Creston 

Keosauqua . . . 
Ottumwa 
Indianola 
Washington . . 

Corydon 

Fort Dodge . . 
Forest City . . 

Decorah 

Sioux City . . . 
Northwood . . . 
Clarion 



11 

6 

9 

2 

11 

11 

8 

10 

11 

10 

7 

9 

6 

8 

11 

2 

9 

11 

7 



1 

6 

7 

1 

8 

10 

10 

4 

11 

4 

3 



34 
15 

8 
20 
49 
49 

7 
47 
46 
50 
30 
19 
12 

5 
48 
21 
18 
49 
31 
45 

6 

5 

2 
13 
11 
10 

4 
27 
41 
42 
32 
41 
37 



57 
17 
12 
42 
82 
98 

9 
84 
80 
77 
37 
31 
39 

7 
60 
43 
33 
81 
52 
50 

8 
14 

2 
18 
27 
23 

5 
62 
95 
91 
58 
94 
75 



4 
2 

15 

7 

21 

21 

15 

14 

21 

14 

9 

15 

6 

3 

16 

7 

15 

21 

11 

17 

3 

3 

2 

2 

5 

6 

3 

11 

12 

13 

4 

12 

11 



176 



IOWA AND THE NATION 



QUESTIONS AND SUGGESTIONS 

1. Who is commander-in-chief of the militia? How 
does the militia differ from the National Guards ? May the 
militia be called upon to assist a constable or sheriff in 
maintaining order? 

2. Can the General Assembly of Iowa pass a law 
guaranteeing bank deposits, that is, agree to pay deposi- 
tors the full amount of their deposits in case of a bank 
failure? 

3. To what extent may the state contract debts? 
What special exceptions are there to this limit? 

4. May the state become a partner in a mining cor- 
poration? W^hy should not the state be permitted to 
engage in business in competition with private 
corporations ? 

5. What is a corporation? Suppose a corporation is 
criminally negligent and causes the death of an employee, 
how would it be punished? Do you" think the officers 
ought to be imprisoned? Why? 

"6. What is the permanent school fund? How are 
losses in this fund made up? 

7. How may the constitution be amended? Should 
amendment be made easy or difficult? 

8. Into what kinds of districts is Iowa separated? Are 
all of these districts for the purpose of state government? 
or are some for the purpose of national government? 
Distinguish between congressional and representative 
districts. 

9. What effect did the adoption of the constitution 
have on laws that were in effect previous to its 
adoption ? 



PART III 



THE NATION 

CHAPTER I 
FORMS OF GOVERNMENT 

Origin of Government. The family was the first unit 
of government. The father was the head of the family 
and in early times had absolute authority over all the mem- 
bers of his household. Sometimes his authority was ex- 
tended to kindred outside his immediate family. From this 
beginning it was an easy natural step to patriarchal gov- 
ernment. 

Patriarchal Government. When the sons married they 
remained in the family, their descendants also remained, 
and in this way the family became a tribe over which the 
father ruled. At his death he was succeeded by his eldest 
son, and the tribe continued for many generations. Illus- 
trations of patriarchal government are found in the early 
history of the Hebrew nation and in the Scottish clan. 

With the progress of civilization patriarchal government 
was superseded by forms that are still in existence. These 
are the monarchy, the democracy and the republic. 

Monarchy. Originally a monarchy was a government 
ruled over by a single person, who had absolute authority 
over his subjects. The step from the patriarch to the 
monarch was natural, and at first the only real difference 

177 



178 IOWA AND THE NATION 

between them was that the monarch's rule was not confined 
to a single tribe, but extended over the entire nation. Two 
classes of monarchies are recognized, absolute and limited. 

Absolute Monarchy. An absolute monarchy is one in 
which the supreme ruler exercises unlimited control. His 
decrees constitute a good portion of the laws, and the 
nation must obey his will. Theoretically there are now no 
absolute monarchies among civilized nations, but practically 
Turkey and Russia should be considered such, since their 
constitutions have afforded the subjects of those countries 
little if any relief. 

Limited Monarchy. A limited monarchy is one in which 
the authority of the ruler is restricted by a constitution. 
Such a monarchy has a national legislature, such as the 
British Parliament, which controls legislation. The govern- 
ment is divided into departments, each under the immediate 
direction of an officer in charge. These officers are styled 
secretaries or ministers. Great Britain, Germany, Austria- 
Hungary and Japan are examples of a limited monarchy. 

The rulers of monarchies take the title of king, queen, 
emperor, czar and sultan, according to the custom of the 
country. In practically all monarchies the ruler receives 
his position by inheritance. But in rare instances a ruler is 
chosen from the royal family of some other nation. 

Democracy. A democracy is the simplest form of gov- 
ernment by the people. In a pure democracy all the people 
take part in the government. Such a form of government 
is impracticable except in small communities. The best 
example of it is the New England town meeting. This meet- 
ing is composed of the legal voters of the township, who 
meet annually to choose town officers and transact any busi- 
ness necessary for the township. 

Republic. A republic might be considered a democracy 
by representation. All the voters of a township may meet 






FORMS OF GOVERNMENT 179 

to legislate for their township, but it is impracticable for all 
the voters of a state or even a county to meet to legislate for 
these respective units of government. Therefore the citizens 
of these units choose representatives to enact laws, and to 
see that the laws are executed. In a republic every voter 
has a voice in the government if he exercises his right to 
vote, because through his ballot he expresses his choice for 
the representatives and other officers to be elected. 

The United States and the various states of the Union are 
the best examples of republics. France and Switzerland 
and the countries of South America are also republics, and 
China has adopted a republican form of government. 



CHAPTER II 

ORIGIN OF UNITED STATES GOVERNMENT 
Early Attempts to Form a Union 

1. New England Colonies. In 1643 the colonies of 
Massachusetts Bay, Plymouth, Connecticut and New Haven 
united under a written constitution for mutual protection 
against the Indians, the French in Canada and the Dutch 
settlers in New York. This union continued until 1684, 
but it was purely local in its influence. 

2. Albany Convention. In 1754, when the French 
and Indian War was pending, a convention of delegates 
from the colonies met in Albany to arrange a treaty with 
the Six Nations. At this convention Benjamin Franklin 
presented a plan for the union of all the English colonies. 
The plan was adopted by the convention, but it was rejected 
by each of the colonies and by Parliament ; by the colonies 
because they thought it gave the Crown too much power, 
and by Parliament because that body considered that it con- 
ferred too much power on the colonies. 

The plan provided for a president-general of all the col- 
onies and a colonial assembly which should have authority 
to legislate on colonial affairs. Though this plan failed 
at the time, it formed one of the steps towards the union 
formed after the breaking out of the Revolutionary War. 

3. Colonial Congress, also called Stamp-Act Congress. 
This body met in New York on October 7, 1765. Nine 
colonies were represented. The Congress sent a petition to 

180 



ORIGIN OF UNITED STATES GOVERNMENT 181 

Parliament and an address to the king and passed a decla- 
ration of rights and grievances of the colonies. 

4. Continental Congress. The first Continental Con- 
gress met in Philadelphia in 1774. It was only an advisory 
body, and its work was restricted to recommendations. The 
second Congress, however, was a revolutionary body and 
assumed such powers as were necessary to enable the col- 
onies to carry on the war with England. This Congress 
was in almost continual session until 1783. 

5. Declaration of Independence. The Declaration of 
Independence passed by Congress, July 4, 1776, was an 
epoch-making instrument. It changed the relation of the 
colonies to the Mother Country and placed them in such a 
position that union was necessary to their political existence. 

6. Articles of Confederation. Previous to the Revo- 
lutionary War there were three forms of colonial govern- 
ment in America, known respectively as the charter, the 
royal and the proprietary. Colonies under the first form 
were governed under a charter which had been granted 
by the home government, and served every purpose of a 
constitution for the colony to which it was granted. After 
the passage of the Declaration of Independence these char- 
ters with slight modification became the constitutions of 
their respective states. 

Colonies under a royal government had no charter and 
were more directly under the authority of the royal gov- 
ernor who was appointed by the Crown. There was always 
more or less friction between these governors and the 
colonists. 

Proprietary colonies, like Pennsylvania, were governed 
by the proprietor, who, however, was subject to the king, 
and was restricted in the exercise of his authority by the 
provisions in the grant of territory in which the colony 
was founded. 



182 IOWA AND THE NATION 

At the breaking out of the war, there was no colonial 
system, nor any body of laws which could be applied uni- 
formly to all the states. Some sort of national constitution 
was necessary. 

in the courts? What effect did it have on crimes com- 
mitted before its adoption? Debts? Contracts? Why 
were these provisions made? (See the first paragraph, 
Section 10, Article I of the United States Constitution 
before you answer the last question.) 

10. Trace the steps necessary for the adoption of the 
constitution. 

Recognizing this deficiency, Congress appointed a com- 
mittee to draft a constitution of the United States on the 
same day that they appointed a committee to draft the 
Declaration of Independence. This committee completed 
its work in 1777. 

The constitution which they presented is known as the 
Articles of Confederation. It contained a provision that it 
should not become effective until it was accepted by twelve 
states, and it was not until 1781 that the Articles became 
the law of the land. 

The adoption of this constitution was a very important 
step in the formation of the Union; it was also the first 
movement of this sort on so large a scale in the history of 
the world. 

Defects. In considering the Articles of Confederation 
we must remember that the experiences of the colonists 
had been such as to cause them to fear a strong central 
government because the defects in our first national con- 
stitution were due almost entirely to this fear. 

There was no provision for a president. Congress con- 
sisted of only one house and each state had but one vote 
whatever its number of delegates. The powers of Con- 
gress were restricted almost wholly to recommendations, 



ORIGIN OF UNITED STATES GOVERNMENT 183 

the final authority of acting upon these recommendations 
resting with the separate states. Congress could recom- 
mend taxes, but could not levy them, it could recommend 
that each state raise a certain number of troops for the 
Federal army, but could not compel the state to do so. In 
the language of Judge Story, 

"Congress could declare everything, but could do nothing." 

Constitutional Convention 

Critical Period. The years immediately following the 
Revolutionary War have been appropriately named "The 
Critical Period of American History." No sooner was 
independence achieved than each state began to place its 
own interests before those of the nation. State jealousies 
rapidly developed and there was great danger that the new 
nation would be destroyed by internal dissentions. Wash- 
ington, Madison, Hamilton and other leading statesmen 
had long recognized the necessity for a stronger central 
government, but commercial conditions exerted an equal, 
if not greater, influence in bringing about a movement for 
the revision of the Articles of Confederation. 

Annapolis Convention. In 1786 a convention met in 
Annapolis to consider the commercial interests of the United 
States. Only five states were represented and nothing was 
accomplished. However, before adjournment the conven- 
tion recommended that commissions be appointed by the 
various states to meet in convention in Philadelphia on the 
second Monday in May, 1787, for the purpose of revising 
the Articles of Confederation. 

Philadelphia Convention. In February, 1787, Congress 
passed a resolution urging the states to send delegates to 
the Philadelphia convention, for the sole purpose of 
revising the Articles of Confederation. The delegates were 



184 IOWA AND THE NATION 

appointed, but owing to the difficulties of travel only a 
small number had reached Philadelphia on the date named 
for opening the convention, and the organization was not 
perfected until May 25. All states except Rhode Island 
were represented. George Washington was chosen presi- 
dent and William Jackson secretary. The convention voted 
to sit with closed doors, and all its records were kept secret. 
Fortunately James Madison took full shorthand notes of 
the proceedings and these were published years afterwards 
as the Madison Papers. 

Because of the large proportion of eminent men among 
the members and the far-reaching influence of the work 
accomplished, this convention will always rank as one of 
the foremost assemblies of the world. The delegates were 
only authorized to revise the Articles of Confederation, but 
they soon found that no revision would make the Articles 
adequate to the needs of the country ; therefore they began 
anew, and the result of their deliberations, which lasted 
four months, was the Constitution of the United States as 
it now stands, without amendments. 

The work was so satisfactory that only three members, 
Edmund Randolph, George Mason and Elbridge Gerry, 
refused to sign the Constitution. 

"Whilst the last members were signing, Doctor Franklin, 
looking towards the president's chair, at the back of which 
a rising sun happened to be painted, observed to a few mem- 
bers near him, that painters had found it difficult to distin- 
guish in their art, a rising from a setting sun. T have,' 
said he, 'often and often, in the course of the session, and 
the vicissitudes of my hopes and fears as to its issue, looked 
at that behind the president, without being able to tell 
whether it was rising or setting, but now at length, I have 
the happiness to know, that it is a rising and not a setting 



ORIGIN OF UNITED STATES GOVERNMENT 185 

QUESTIONS AND SUGGESTIONS 

1. Did the Indians have any form of government when 
they were first known to white men? 

2. Classify the government of each of the following 
nations: Great Britain, Germany, Russia, China, Brazil. 

3. What European countries have a republican form of 
government ? 

4. Why are the years immediately following the close 
of the Revolutionary War known as the "Critical Period 
of American History"? 

5. Is the plan of union presented by Franklin at the 
Albany Convention now in use in any country ? 

6. Show how the adoption of the Articles of Confedera- 
tion was an important step towards the formation of the 
Federal Union. 

7. Could these Articles have been adopted if they had 
provided for a stronger central government? 

8. Why was the Constitutional Convention one of the 
most important political bodies in the world? 



CHAPTER III 
PREAMBLE 

We, the people of the United States, in order to form a 
more perfect union, establish justice, insure domestic tran- 
quillity, provide for the common defense, promote the gen- 
eral welfare, and secure the blessings of liberty to ourselves 
and our posterity, do ordain and establish this constitution 
for the United States of America. 

Purpose. The preamble of the Constitution is the key- 
note of popular government. It contains, in few words, 
a summary of the reasons for the formation of our govern- 
ment, and in it, there is a clear, definite statement of the 
needs of the nation at the time of its adoption, as well as 
ample provision for future ages. 

More Perfect Union. The greatest need of the hour was 
that a more perfect union of the states might be formed. 
"We are one to-day and thirteen to-morrow" was a common 
assertion, and all thoughtful men realized the truth of the 
statement. Under the Articles of Confederation, the weak- 
ness of the government was due almost entirely to the 
lack of union among the states. It is no wonder, there- 
fore, that the first reason given in the preamble is, "in 
order to form a more perfect union." 

Justice. To establish justice among the states was also 
an urgent necessity. Petty jealousies had arisen among 
them, and each one seemed to fear that its rights were 
abridged by the others. As there was no judicial branch 
of the general government, there was no legal way of set- 

186 



PREAMBLE 187 

tling these disputes, and the condition in some cases was 
truly deplorable. 

Domestic Tranquillity. During the few years that the 
Articles of Confederation formed the basis of our govern- 
ment, the states were in constant trouble with their neigh- 
bors. Each state also had as much to fear from dangers 
within its own borders as it had from outside foes. The 
necessity for "domestic tranquillity" was very urgent, and 
as nearly all the trouble among the states had arisen from 
their trade relations, congress, by the new plan, was very 
wisely given the power to regulate commerce. In order 
that peace might be insured to the states, the general gov- 
ernment has the power to put down insurrections in any of 
the states. 

Common Defense. The states had learned from the war 
through which they had just passed, that their success 
depended upon their united action. The United States could 
do more to provide for the common defense than could 
possibly be accomplished by the states themselves each act- 
ing separately. The right to make all necessary provisions 
for supporting an army and navy is given to the general 
government. 

General Welfare. To promote the general welfare of 
all the states and of all the people is an important function 
of popular government. This work is carried on in many 
ways, and it is no idle boast to say that no other govern- 
ment has ever done so much to benefit all classes of society 
as has our own. The large grants of lands and money given 
by Congress to foster education, especially of late years, 
the improvements of rivers and harbors, the excellent postal 
service, and the improved civil service, are but a few of 
the many ways in which the general welfare of the people 
is promoted. 

Perpetuity. The last clause of the preamble is a fitting 



188 



IOWA AND THE NATION 



climax. The members of the Constitutional Convention 
realized the importance of the work they had undertaken, 
and it was their deliberate purpose to found a government 
for posterity. How well their work was done, the nineteenth 
century can fully attest. 



L 



CHAPTER IV 

ARTICLE I 

THE LEGISLATIVE BRANCH 

Section I. Congress 

All legislative powers herein granted, shall be vested in a 
congress of the United States, which shall consist of a senate 
and house of representatives. 

Branches of Government. The plan for the formation 
of a general government with three branches, which should 
be as nearly independent of one another as possible, doubt- 
less originated with Washington. The three branches of 
government established by the constitution are the legislative, 
the executive and the judicial. These are often called the 
law-making, the law-enforcing and the law-interpreting 
powers of the government. 

Legislative Branch. The legislative branch is properly 
placed first in the constitution, because it is the foundation 
for the workings of the other two branches. The legislative 
branch is given more space in the Constitution than both 
of the other branches on account of its importance, and 
also because of a desire on the part of members of the 
convention to be very explicit in outlining the work of this 
branch. 

Difficulties of Organization. Congress under the Confed- 
eration, consisted of but one house, and there was a strong 
effort made to organize the new Congress in the same way. 
It was decided early in the convention, that membership 

189 



190 IOWA AND THE NATION 

in congress should, in a measure at least, be determined by 
the population of the several states, and the smaller states 
felt that they would, in this way, be deprived of all power 
in the government. They preferred to remain out of the 
Union, as they had a perfect right to do, rather than to 
become part of a government which would be practically con- 
trolled by a few of the large states. 

Representation. Parliament, the legislative branch of 
the English government, was taken by the small states as 
a model, because it consists of two houses, and a compro- 
mise was finally made by which the representation in the 
upper house was made the same for each of the states. 
As a concession to the larger states, the smaller states agreed 
to representation in the lower house to be based upon popu- 
lation. 

Section II. House of Representatives 

Clause i. — Composition and Term 

The house of representatives shall be composed of mem- 
bers chosen every second year by the people of the several 
states, and the electors in each state shall have the qualifica- 
tions requisite for electors of the most numerous branch of 
the state legislature. 

House. The house of representatives is so called be- 
cause its members are chosen to represent the people. The 
first congress under the Constitution assembled on the first 
Wednesday in March — which chanced to be the fourth day 
of the month — in the year 1789. Each congress is numbered 
in order from the first one, and the number is changed 
March 4th of each odd-numbered year. The term of mem- 
bers of the Sixty-fourth Congress began March 4, 1915. 

Election of Members. Ths election of members of the 



THE LEGISLATIVE BRANCH 191 

house of representatives occurs on the Tuesday next after 
the first Monday in November of each even-numbered year. 
Representatives to congress are elected for two years and 
there is no restriction as to their re-election. Any member 
can serve as many terms as he can secure re-elections. 

Qualifications of Electors. The same qualifications are 
required for electors for representatives in congress as are 
required for electors for the most numerous branch of the 
state legislature. In other words, anyone who can vote 
for representatives in his state legislature can vote for rep- 
resentatives in congress. Since each state determines the 
qualifications of its voters, these qualifications vary in dif- 
ferent states. See Part II, page 98. 

Clause 2. — Qualifications 

No person shall be a representative zvho shall not hare 
attained the age of twenty- five years, and been seven years 
a citizen of the United States, and who shall not, zvhen 
elected, be an inhabitant of that state in which he is chosen. 

Citizenship. The question of citizenship was, for many 
years, a troublesome one in this country, and it was not 
definitely settled until the adoption of the fourteenth amend- 
ment to the United States Constitution. The qualifications 
required of representatives are certainly not too high. 

Age. By the clause of the Constitution quoted above, 
it will be seen that the earliest age at which a native-born 
citizen may become a representative in congress is twenty- 
five years, and as this is only four years after the person 
has acquired the right to vote, the minimum age is generally 
considered low enough. 

Aliens. An alien, by the usual process, must reside 
in this country five years before he can be naturalized. 



192 IOWA AND THE NATION 

This period, together with the seven years' residence re- 
quired by the Constitution, makes it necessary for an alien 
to have resided in the United States at least twelve years 
before he can become a member of the house of representa- 
tives in congress. 

Residence. It is required that members of congress 
shall, at the time of their election at least, be inhabitants 
of the states from which they are chosen. For convenience, 
as well as for the purpose of carrying out the idea of close 
representation, each state that is entitled to more than one 
representative, is separated into congressional districts, and 
each district chooses its own representative. 

Congressional Districts. Congressional districts are 
formed by the legislature of each state in such a way as 
to make them as nearly equal in population as possible. 
These districts are designated by number, and their bound- 
aries are subject to change every ten years. Residence in 
the congressional district he is chosen to represent is not a 
constitutional requirement, although only a very few repre- 
sentatives have ever been chosen to represent districts in 
which they did not reside. The qualification of residence 
applies only to the time of election, but it would seem emi- 
nently proper for a representative who has removed from 
the state in which he was chosen, to resign at the time of 
his removal. 

Clause 3. — Apportionment 

The parts of this clause enclosed in parentheses are now obsolete. 
Representatives and direct taxes shall be apportioned 
among the several states which may be included within this 
Union, according to their respective numbers, (which shall 
be determined by adding to the whole number of free persons, 
including those bound to service for a number of years, and) 



THE LEGISLATIVE BRANCH 193 

excluding Indians not taxed, (three-fifths of all other per- 
sons). The actual enumeration shall be made zvithin three 
years after the first meeting of the congress of the United 
States, and within every subsequent term of ten years, in 
such manner as they shall by law direct. The number of 
representatives shall not exceed one for every thirty thou- 
sand, but each state shall have at least one representative, 
(and until such enumeration shall be made, the State of New 
Hampshire shall be entitled to choose three, Massachusetts 
eight, Rhode Island and Providence Plantations one, Con- 
necticut five, Nezv York six, New lersey four, Pennsylvania 
eight, Delaware one, Maryland six, Virginia ten, North 
Carolina five, South Carolina five, and Georgia three). 

Representatives — Direct Taxes. One of the most diffi- 
cult things for the members of the Constitutional Convention 
to agree upon was the basis of representation in both houses 
of congress. After much discussion, it was decided to 
apportion representatives and direct taxes among the states 
according to population. See sixteenth amendment, page 
302. 

Census. No formal counting of the people of the United 
States had ever been made, and the assignment of members 
of the first congress to the different states was purely arbi- 
trary. The convention had agreed upon forty thousand 
inhabitants as the basis, or ratio, of representation, but 
Washington, in about the only address he made to the con- 
vention, urged that the number be changed to thirty thou- 
sand. The change was made at once. 

The primary object of the census is to show the number 
of people in the United States, but in addition to this, very 
many important facts concerning the nationality, education, 
occupations and general prosperity of the people, are ob- 
tained by the census-takers. Nearly all the states have a 



194 IOWA AND THE NATION 

special census taken every ten years, but so arranged that 
it occurs five years after the United States census has been 
taken. In this way the counting of the people occurs 
every five years. 

Number of Members. The Constitution does not limit 
the membership of the house of representatives. At first 
there were" sixty-five members, on the estimated basis of 
one representative for every 30,000 inhabitants of the coun- 
try, but so rapid has been the growth of the United States 
in population, that there are now seven times as many rep- 
resentatives as ther # e were in the first congress, and the 
ratio of representation is seven times as great as it was at 
first. 

Ratio of Representation. The first census of the people 
of the United States was taken in 1790, and one has been 
taken the last year of each regular decade since that time. 
At the first session of congress after the census had been 
taken, a committee was appointed to decide upon the num- 
ber of representatives in congress for the next ten years. 
The number, at present is 435. The ratio of representation 
is found by dividing the number representing the popula- 
tion of all the states, exclusive of the territories and the 
District of Columbia, by the number representing the mem- 
bership of the house of representatives. The ratio fixed in 
1913 is one representative for every 212,407 inhabitants. 

Each State Represented. It is also provided that each 
state shall have at least one representative. Should new 
states be admitted before the next census is taken, the 
number of representatives will be increased accordingly. 

Representatives at Large. Some of the small states and 
some of the newer states have only a sufficient number of 
inhabitants to allow them one representative. In such 
states the entire state constitutes the congressional district 
and the representative may be known as a ''representative 



THE LEGISLATIVE BRANCH 195 

at large" since he represents the state as a whole. This 
term, however, is more appropriately applied to those 
additional representatives allowed a state at a new appor- 
tionment, and elected before the legislature has time to 
re-district the state. 

These additional representatives are chosen by the voters 
of the entire state. Some states prefer to allow these repre- 
sentatives to continue in this relation, leaving the number 
of congressional districts as fixed by a previous apportion- 
ment. In the Sixty-fourth Congress Pennsylvania had four 
representatives at large and Illinois two. 

Slavery. At the time of the adoption of the Constitution, 
slavery existed in nearly all of the states. There were 
several members of the convention who were bitterly 
opposed to slavery, and they wished to have nothing done by 
the convention to encourage it. It was decided that neither 
slaves nor slavery should be mentioned in the Constitution, 
and the evasive language, "three-fifths of all other persons," 
was used to determine the political standing of slaves in 
fixing the basis of representation. 

Clause 4. — Vacancies 

When vacancies happen in the representation from any 
state, the executive authority thereof shall issue writs of 
election to fill such vacancies. 

Vacancies in office may occur by the death, resignation, 
or removal of the incumbent. When a vacancy occurs in 
the representation from any state, the governor, or acting 
executive, issues a proclamation to the voters of the con- 
gressional district in which the vacancy exists, directing 
them to meet at a specified time, for the purpose of electing 
a representative to fill the vacancy. The day for this special 



196 



IOWA AND THE NATION 



election is named in the proclamation, and it is the same 
for all counties in the congressional district. 

Clause 5. — House Powers 

The house of representatives shall choose their speaker 
and other officers, and shall have the sole power of impeach- 
ment. 



House Officers. Speaker. The right of the house of 
representatives to choose its own officers is a proper one. 
It is customary for all deliberative bodies to do this, although 
a notable exception seems to exist in the election of the 
vice-president to preside over the senate. The speaker of 
the house is always chosen from its own members, but the 
other officers are not. The speaker is the chief officer of 
the house, and it is his duty to preside over the deliberations 
of that body. 

He is also required to keep order, decide points of parlia- 
mentary usage in debate, and in the conduct of the business 
of the house, and to sign all bills passed by the house. 

Clerk. Next to the speaker the clerk is the most important 
officer of the house. He also keeps a record of the proceed- 
ings of the house from day to day, in a book called the 
Journal; also a record of all aye and nay votes. He has 
several assistants, to each of whom is assigned a branch of 
the work in charge of the clerk. The clerk is not chosen 
from among the representatives, and one of his most 
important duties is to call the new house to order and 
preside until a speaker is chosen. When this is accomplished 
his term of office expires. 

S erg eant-at- Arms. The sergeant-at-arms is the marshal, 
or police officer, of the house, and it is his duty to see that 
the rules relating to the conduct of its members are strictly 



THE LEGISLATIVE BRANCH 197 

obeyed. He is sometimes sent to bring absent members 
to attend the sessions of the house, and his summons 
places the persons under arrest. 

During a session of the house, the sergeant-at-arms sits 
facing its members to see that good order is maintained. 
Whenever any disturbance arises among the members, he 
takes the mace, which is the symbol of his authority, and 
carries it at once to the scene of the disorder. The pres- 
ence of the mace is a warning to the offenders to stop the 
disturbance, or run the risk of severe punishment, and even 
expulsion. The sergeant-at-arms also draws the warrants 
for the payment of salaries of members, and sees that each 
member receives the amount due him. 

Doorkeeper. The doorkeeper admits members and all 
other persons privileged to seats in the hall of representa- 
tives. He also has charge of the furniture of the main hall 
and galleries, and is responsible for the proper care of the 
same. 

Postmaster. A postmaster is appointed for the house of 
representatives, and a special postoffice is kept for the con- 
venience of members. A chaplain is also one of the regular 
officers of the house, and it is his duty to open the session 
each day with devotional exercises. Certain minor officers 
are appointed as they are needed, and they serve during the 
pleasure of the house. Each of the principal officers 
appoints his own assistants, and is responsible for the faith- 
ful discharge of their duties. 

Section III. The Senate 

Clause i. — Composition 

The senate of the United States shall be composed of two 
senators from each state, chosen by the legislature thereof, 
for six years; and each senator shall have one vote. 



198 IOWA AND THE NATION 

Objections to Senate. The senate was a subject of 
great dispute among the members of the Constitutional Con- 
vention. Some members saw no necessity for two houses 
of congress, and others feared that the plan of having two 
houses, with different qualifications required, would soon 
develop into a legislature closely resembling the British 
parliament. Some of the larger states wished to have the 
senate a less numerous branch than the house, but they 
insisted that the membership should be based upon popula- 
tion. Two or three representative districts might be united 
to form one district for the election of a senator, it was 
urged; but the smaller states would not listen to this, and 
it was not until equal representation of the states was 
agreed to for the senate, that the smaller states consented 
to enter the Union. 

Political Representatives. The senate is supposed to 
represent the states in a political capacity. The member- 
ship can never be as large as that of the house. As there 
are now 48 states in the Union, it follows that there are 
96 senators in congress. 

Several methods of electing senators were proposed in 
the Constitutional Convention, but it was finally decided that 
they should be elected by the state legislatures. As the 
country increased in wealth and population this method 
led to many abuses. In 1912 Congress adopted an amend- 
ment to the Constitution providing for direct election of 
senators by the people and this amendment was ratified by 
the states in 1913. 

Term. The term of senators is fixed by the Constitu- 
tion at six years. This gives permanency to the office of 
senator, and was supposed to remove it from the field of 
politics. 

Vote. Under the confederation, each state had but one 
vote, no matter how many delegates it had in the congress. 



THE LEGISLATIVE BRANCH 199 

This method of voting was not satisfactory, and a change 
was made so as to give each member the right to vote 
independently. 

Clause 2. — Classification and Vacancies 

Immediately after they shall be assembled in consequence 
of the first election, they shall be divided, as equally as 
may be, into three classes. The seats of the senators of 
the first class shall be vacated at the expiration of the sec- 
ond year; of the second class, at the expiration of the fourth 
year] and of the third class, at the expiration of the sixth 
year; so that one-third may be chosen every second year, 
and if vacancies happen by resignation, or otherwise, dur- 
ing the recess of the legislature of any state, the executive 
thereof may make temporary appointments until the next 
meeting of the legislature, which shall then fill such 
vacancies. 

Purpose. This clause of the Constitution was 
inserted for the purpose of making the senate a perpetual 
body. All the members of the house of representatives may 
be changed at any general election of those officers, 
because they are all chosen at the same time. With the 
organization of a new congress, however, only one-third of 
the number of senators can be changed, unless some have 
been chosen to fill vacancies. At all times, one-third of 
all the senators have served at least two years, and another 
third, at least four years. 

Classes. The division of senators into the three classes 
designated in the Constitution was made at the first session 
of congress. At that time, only ten of the states were 
represented in the senate, and consequently there were only 
twenty senators to be separated into classes. It is custom- 



8< 200 IOWA AND THE NATION 

f< ary to speak of the thirteen original states, but there were 

c: six years. The terms of senators from a new state serves 

I only eleven states in the Union, when the government was 

h organized, March 4, 1789. North Carolina ratified the 

n Constitution November 21, 1789, and Rhode Island, May 

t 29, 1790. At the time the senators were classified, New 

York had not chosen her senators, and thus, as stated above, 
there were only ten states represented in the senate. 
t First Congress. In separating the senators into classes, 

t a committee that had been appointed for the purpose ar- 

ranged the names on three slips of paper, one contain- 
ing six names, and the other two, seven each. Care was 
taken in arranging the names so that the two senators from 
any state were assigned to separate lists. It was agreed 
that these lists were to be drawn from a box in which they 
had been placed, and the senators named in the first list 
drawn were to serve for two years. Those in the second 
list were to serve four years, and those in the third list, 
for the full senatorial term of six years. 

New Members. As new states have come into the Union, 
their senators have been assigned to the classes having 
the fewest members. On this account it sometimes happens 
that neither of the senators from a new state serves for 
six years. The terms of senators from a new state are 
decided by lot, and are known as the long and short term. 
The senate is now composed of 96 members and is separated 
into three groups of 32 members each. 

Clause 3. — Qualifications 

No person shall be a senator who shall not have attained 
to the age of thirty years, and been nine years a citizen 
of the United States, and zvho shall not, when elected, be 
an inhabitant of that state for which he shall be chosen. 



THE LEGISLATIVE BRANCH 201 

It was admitted by all members of the Constitutional 
Convention that the qualifications of senators should be 
higher than those of representatives. The minimum age 
is five years higher, and the length of time of citizenship, 
two years longer. The clause relating to inhabitancy is 
the only one that may be subject to abuse. While a senator 
at the time of his election must be an inhabitant of the 
state from which he is chosen, he may at any time remove 
to some other state and continue to serve as senator from 
the state that elected him. 

As the senate acts with the president in making treaties 
with other nations, the first two qualifications named seem 
all the more necessary. 

Clause 4. — Presiding Officer 

The vice-president of the United States shall be presi- 
dent of the senate, but shall have no vote, unless they be 
equally divided. 

Vice-President. There was much objection made to 
the election of a vice-president, and it is doubtful whether, 
or not, the office would have been created, had not some 
member of the convention suggested that the vice-president 
should serve as president of the senate, ex-officio. 

General Provisions. The work of presiding over the 
senate would qualify the vice-president for the more im- 
portant position, should he be called upon to perform the 
duties of president. He is not allowed to vote, except in 
case of equal division of the senate upon any question 
under consideration, because his vote might seem to increase 
the political influence of the state from which he was 
elected. That state would have three votes in the senate 
instead of two, and to prevent this, the vice-president is 



202 IOWA AND THE NATION 

not permitted to vote except as above stated. Because 
there is always an even number of senators, it seems neces- 
sary for the presiding officer to have the casting vote in 
case of an equal division of the senate, in order to prevent 
what is known in political language as a "dead lock." The 
vice-president takes no part in the discussions of the sen- 
ate, nor does he appoint any of the regular committees of 
that body. 

Clause 5. — Other Officers 

The senate shall choose their other officers, and also a 
president pro tempore, in the absence of the vice-president, 
or when he shall exercise the office of the president of the 
United States. 

The other officers of the senate are a president pro tem- 
pore, a secretary, sergeant-at-arms, chaplain, librarian and 
postmaster. 

President Pro Tempore. The president pro tempore 
is chosen by the senate from among its own members. As 
a rule, the position is an honorary one, as he is not often 
called upon to preside over the senate for any length of 
time. When the vice-president succeeds to the presidency, 
the president pro tempore presides at all the sessions of the 
senate, and he then receives the same salary as the vice- 
president. 

Clause 6. — Impeachment 

The senate shall have the sole pozver to try all impeach- 
ments. When sitting for that purpose, they shall be on 
oath or affirmation. When the president of the United 
States is tried, the chief justice shall preside ; and no person 
shall be convicted without the concurrence of two-thirds 



THE LEGISLATIVE BRANCH 203 

of the members present. Judgment in case of impeachment 
shall not extend further than to removal from office, and 
disqualification to hold and enjoy any office of honor, trust, 
or profit, under the United States, but the party convicted 
shall, nevertheless, be liable and subject to indictment, trial, 
judgment, and punishment, according to lazv. 

Impeachment. The house of representatives is given 
the sole power of impeachment. An impeachment is a 
charge preferred against a public officer, accusing him of 
having committed high crimes and misdemeanors, or of 
having violated his oath of office. An impeachment is in 
the nature of an indictment brought by a grand jury. It 
does not determine the guilt, or innocence, of the accused, 
but it requires him to submit to an investigation of the 
charges before a proper court. 

Who May be Impeached. The Constitution does not 
designate all the officers that are liable to impeachment. 
The president, vice-president, judges of the supreme and 
inferior courts, and members of the president's cabinet 
are among the officers that are considered subject to impeach- 
ment. 

Nature of Impeachment Cases. It must be borne in 
mind that impeachment is only a formal accusation. Presi- 
dent Johnson was regularly impeached by the house of 
representatives, in 1868, but he was not convicted. Three 
U. S. district judges, one associate justice of the Supreme 
Court, one cabinet officer, and one judge of the commerce 
court, have also been impeached, but only four of these 
were convicted and removed from office. 

Court of Impeachment. As stated elsewhere, the house 
of representatives has the sole power of impeachment, 
but when a public officer has been impeached, he is obliged 
to appear before the senate to answer to the charges that 



204 IOWA AND THE NATION 

have been preferred against him. When trying a case of 
impeachment, the senate is organized as a court, and each 
senator is obliged to take an oath (or affirmation) that he 
will try the case fairly. 

Impeachment of President. When the president of the 
United States is tried, the chief justice of the Supreme Court 
presides. This is done to secure impartial rulings on the 
part of the presiding officer. It was thought advisable to 
make this provision, as the vice-president, who is first in 
the line of succession to the presidency, might be unduly 
interested in securing the removal of the president. 

Conviction. The trial of a public officer on impeachment 
is a very grave matter, and it is certainly a safe plan to 
require a two-thirds vote of the senators present to con- 
vict a person who has been impeached. 

Punishment. The powers of the senate to punish a 
public officer on impeachment are limited to removing him 
from office and declaring him to be forever disqualified to 
hold and enjoy any position of honor, trust, or profit, under 
the government of the United States. But any person so 
convicted is liable to punishment by due process of law, 
for any crime committed or wrong done, the same as 
though the impeachment and trial had not occurred. 

Section IV. Elections and Meetings 

Clause i. — Elections to Congress 

The times, places, and manner of holding elections for 
senators and representatives shall be prescribed in each 
state by the legislature thereof ; but the congress may at 
any time by law make or alter such regulations, except as 
to the places of choosing senators. 

This clause explains itself. In the absence of any action 
by congress the time, place, and manner of electing mem- 



THE LEGISLATIVE BRANCH 205 

bers of congress is left to the states. In 1842, congress 
passed a law providing for the separation of states into 
congressional districts for the election of representatives, 
and by another law, that went into effect in 1876, the time 
of the election of representatives is fixed for the Tuesday 
after the first Monday in November in each even-numbered 
year. This law was intended to be uniform in all the states, 
but in some of the older states the time of the election of 
representatives was fixed by the state constitution before 
the law of congress was passed. Most of these states, 
however, have since changed the date of holding their elec- 
tions to conform with the date specified in the Constitution. 
The adoption of the XVIIth Amendment repealed the por- 
tion of this clause that refers to the election of senators. 

Clause 2. — Meetings 

The congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in December, 
unless they shall by law appoint a different day. 

Although the term of members of congress begins on the 
fourth day of March in the odd-numbered years, the regu- 
lar annual session does not convene until the first Monday 
in December. Congress has never exercised the privilege 
of appointing a different day than the one fixed by the 
Constitution. The president may call an extra session of 
congress at any time, and very often the first session of 
congress lasts five or six months. 

Section V. Separate Powers and Duties 
Clause i. — Membership. Quorum 

Each house shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of 



206 IOWA AND THE NATION 

each shall constitute a quorum to do business; but a smaller 
number may adjourn from day to day, and may be author- 
ized to compel the attendance of absent members, in such 
manner and under such penalties, as each house may provide. 

Why Necessary. The first clause of the above para- 
graph is reasonable as well as necessary. The qualifications 
of representatives, their election, and the manner in which 
the returns of election are made, differ from those of sen- 
ators. Each house is directly interested in the qualifications 
and proper choice of its own members, and no better plan 
than the one given could have been adopted. 

Quorum. In the transaction of business connected with 
law-making, it would have been manifestly unfair to give 
the power to make laws to any smaller number than a 
majority of all the members. When it happens that a 
smaller number than a quorum is present at the opening of 
any session, those present may adjourn to the following 
day. They may, if they choose, direct the sergeant-at-arms 
to summon absent members and compel their attendance. 
This, however, can not be done unless there are present at 
least fifteen members to order it. When there are less than 
fifteen members present at the opening of a session, they 
adjourn. 

Absence. No member has a right to be absent from 
a session unless he is sick or excused. When a member is 
brought in by the sergeant-at-arms, he is required to give 
an excuse for his absence, and some very amusing scenes 
often occur at such times. 

Clause 2. — Discipline 

Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and with the 
concurrence of two-thirds, expel a member. 



THE LEGISLATIVE BRANCH 



207 



Rules. Each house of congress has adopted a list of 
rules relating to its organization, the privileges of members, 
the duties of its officers, the rules governing debate, and 
many other items of special interest. It has been found 
necessary for each house to punish some of its members 
for disorderly conduct, and some members of each house 
have been expelled. 



Clause 3. — Publicity 

Each house shall keep a journal of its proceedings, and, 
from time to time, publish the same, excepting such parts as 
may, in their judgment, require secrecy ; and the yeas and 
nays of the members of either house, sliall at the desire of 
one-fifth of those present, be entered on the journal. 

Journal. The journal kept by each house contains a 
complete record of all its proceedings from day to day. 
This record is read at the opening of the next day's session. 
and such corrections are made as are found necessary. The 
journal is read and approved by the presiding officer before 
it is submitted to the house. 

If, at any time, the public safety seems to demand that any 
part of the proceedings of either house shall be Kept secret, 
such part is not published. At other times, the proceedings of 
both houses of congress are given in full in the journal, 
which is published as often as may seem necessary. Usually 
a synopsis of the proceedings of congress from day to day 
may be had from the daily newspapers. 

Voting. The usual method of voting viva voce is quite 
a simple one, and the presiding officer can generally tell by 
the sound of the voices whether the motion is carried or 
lost. If he is in doubt as to the result, he calls upon those 
who vote in the affirmative to rise from their seats to be 



208 IOWA AND THE NATION 

counted, and afterwards those voting in the negative. If 
the presiding officer is still in doubt, or if a count is 
requested by at least one-fifth of a quorum, he appoints two 
tellers, one from each side, to count the votes. This method 
is called voting by tellers. 

Yeas and Nays. The process of voting by yeas and nays 
is longer than the others, and it is sometimes resorted to by 
a minority to hinder legislation. Under the rule fixed by 
the Constitution, the yeas and nays may be entered on the 
journal, whenever it is requested by one-fifth of the mem- 
bers present. 

Roll Call. In voting by yeas and nays, the names of the 
members are called in alphabetical order. As each one's 
name is called, he announces his vote. When the roll has 
been completed, the list is again read with the record of 
each vote, for the purpose of correcting errors, if any have 
been made. The use of this method of voting to delay 
legislation is called "filibustering." 

Clause 4. — Adjournment 

Neither house, during the session of congress, shall with- 
out the consent of the other, adjourn for more than three 
days, nor to any other place than that in which the two 
houses shall be sitting* 

This clause was inserted in the Constitution to satisfy 
those members of the convention who were opposed to hav- 
ing two houses of congress. One house has not the power 
to adjourn for an indefinite period for the purpose of pre- 
venting legislation to which its members may be opposed. 
The language of the clause is so explicit as to require little 
explanation. Should both houses fail to agree upon a time 
of adjournment, they may be adjourned by proclamation of 
the president, but this has never been found necessary. 



THE LEGISLATIVE BRANCH 209 

Section VI. Members 

Clause I. — Privileges 

The senators and representatives shall receive a compen- 
sation for their services, to be ascertained by law, and paid 
out of the treasury of the United States. They shall in all 
cases, except treason, felony, and breach of the peace, be 
privileged from arrest during, their attendance at the session 
of their respective houses, and in going to and returning 
from the same; and for any speech or debate in either house, 
they shall not be questioned in any other place. 

Salary. The salary of senators and representatives is 
fixed by law at $7,500 a year. Franklin and a few other 
members of the Constitutional Convention were opposed to 
paying members of congress any salary, but they were over- 
ruled. At first, the salary of members of congress was 
fixed at six dollars a day, and thirty cents a mile for travel- 
ing expenses. Several changes were made before the 
present limit was reached. The salary of the speaker is 
fixed at $12,000 a year. 

Stationery. Mileage. In addition to the salary named, 
each member receives $125 for stationery, and an allowance 
of twenty cents a mile for traveling expenses. Mileage is 
computed upon the nearest route usually traveled in going 
to and returning from the seat of government. The allow- 
ance for stationery and mileage is made for each session 
of congress, regular and special. The mileage is paid on 
the first day of the session of congress to those who are 
present, and to other members as soon as they arrive after 
the beginning of the session. Stationery is furnished at 
cost, but any member may draw his allowance for stationery 
in money, if he chooses. 



210 IOWA AND THE NATION 

Freedom from Arrest. The privilege of freedom from 
arrest, except in the cases specified, is a wise provision. If 
it were not for this right, persons desirous of preventing 
certain legislation might cause the arrest of members on 
false or trifling charges, and thus prevent them from attend- 
ing to their duties as congressmen. 

Freedom of Speech. The freedom of speech guar- 
anteed in debate is for the purpose of permitting members to 
speak freely and plainly upon any subject under discussion in 
the process of law-making. This does not prevent either 
house from adopting rules to govern members in debate. 
It is intended to prevent members from being arrested on 
a charge of slander for anything they may have said in 
debate. 

Clause 2. — Prohibitions 

No senator or representative shall, during the time for 
which he ivas elected, be appointed to any civil office under 
the authority of the United States, which shall have been 
created, or the emoluments whereof shall have been 
increased during such time; and no person holding any 
office under the United States, shall be a member of either 
house during his continuance in office. 

If it were not for this clause of the Constitution, offices 
might be created by congress, and large salaries provided, 
and these offices given to the members of congress who had 
been instrumental in bringing about the passage of the law. 
An office with a large salary and permanent in tenure would 
be a constant temptation to some members, and resigna- 
tions would be very common in congress, instead of very 
rare, as at present. 



THE LEGISLATIVE BRANCH 211 

Section VII. Making Laws 

Clause i. — Revenue Bills 

All bills for raising revenue shall originate in the house 
of representatives, but the senate may propose or concur 
with amendments, as on other bills. 

This is a plan borrowed from England. In parliament, 
all bills relating to taxation originate in the lower house. 
It was thought wise to place the right to propose measures 
for raising revenue in the hands of representatives, because 
they are nearer the people, in a sense, than senators are. 

The provision really has but little force, because after a 
revenue bill has been acted upon by the house, it becomes 
the property of the senate, and may be disposed of by that 
body, in the same manner as any other bill. 

Clause 2. — Mode of Making Laws 

Every bill zvhich shall have passed the house of repre- 
sentatives and the senate, shall, before it becomes a law, be 
presented to the president of the United States; if he 
approve, he shall sign it; but if not, he shall return it, with 
his objections, to that house in which it shall have originated, 
who shall enter the objections at large on their journal, 
and proceed to reconsider it. If, after such reconsider- 
ation, two-thirds of that house shall agree to pass the bill, 
it shall be sent, together with the objections, to the other 
house, by which it shall likewise be considered, and, if 
approved by two-thirds of that house, it shall become a law. 
But in all such cases the votes of both houses shall be deter- 
mined by yeas and nays, and the names of the persons 



212 IOWA AND THE NATION 

voting for and against the bill shall be entered on the jour- 
nal of each house, respectively. If any bill shall not be 
returned b(y the president within ten days (Sundays 
excepted) after it shall have been presented to him, the 
same shall be a law, in like manner as if he had signed it, 
unless the congress, by their adjournment, prevents its 
return, in which case it shall not be a law. 

Law Making. The making of laws is the most 
important work of congress, and the greater part of each 
session is devoted to it. For the purpose of facilitating the 
dispatch of business and also to provide for careful con- 
sideration of every measure presented, the members of each 
branch of congress are organized into groups known as 
standing committees, such as the Committee on Ways and 
Means, the Committee on Naval Affairs, the Committee on 
Post Offices, the Committee on Foreign Relations, etc. The 
house of representatives has over 50 standing committees. 

Bills. A proposed law is known as a bill. Any member 
of congress can introduce bills into the branch to which 
he belongs ; that is, a representative may introduce bills 
into the house and a senator into the senate. 

How a Bill Becomes a Law. After the bill is prepared 
the following steps are necessary to enable it to become a 
law. Let us suppose that the representative from your 
district has prepared a bill. This bill is : 

1. Introduced into the house and read. 

2. Referred by the speaker to the committee to which 
it belongs. 

3. Considered by the committee. 

4. Reported by the committee back to the house, where 
it is read the second time (by title only) and a date fixed 
for its discussion. 

5. Read the third time in full, discussed and passed. 



«C=3 




214 



IOWA AND THE NATION 



6. Sent to the senate, where it goes through the same 
process that it has passed through in the house. 

7. Sent to the president, who signs it and it becomes 
a law. 

Discussions and Conferences. The course of a bill as 
here given supposes that it will meet with no opposition, 
as it passes from one stage of proceedings to another, but 
proposed legislation is seldom so fortunate. 

Those who favor and those who oppose the bill, whether 
or not they are members of congress, have the privilege of 
discussing the measure before the committee to which it is 
referred, and, as a result of these discussions, the bill may 
be modified by the committee. This may not affect its 
passage by the house into which it was first introduced. 
But if the senate committee modifies the bill after it has 
passed the house, it is referred back to the house, which 
must concur in the changes before the bill can be sent to 
the president. 

In case the house and senate cannot agree upon an 
important measure, a conference committee, consisting of 
senators and representatives, is appointed to reconsider the 
bill and adjust differences. The report of this committee 
is usually accepted by both branches of congress. 

Action of President. If the president approves a bill 
that has been passed by both houses in a proper manner, 
he signs it, and it is then a law. If he does not approve the 
bill, he returns it to the house in which it originated, stating 
his objections to it. Those objections are spread upon the 
journal of the house as a part of the permanent record, 
and then the bill is reconsidered. 

Veto Power. The refusal of the president to sign a bill 
is called a veto. The veto power of the president is only 
partial, for if each house agrees by a two-thirds majority 



THE LEGISLATIVE BRANCH 215 

to pass a bill after it has been vetoed by the president, the 
bill becomes a law, and is of the same force and effect 
as though it had not been vetoed. 

The governor of each state in the Union is given the right 
to veto bills passed by the legislature. 

In passing a bill over the president's veto, the vote is 
always taken by yeas and nays. This is done to insure a 
careful consideration of the reasons for voting for or 
against the measure. The vote of each member is recorded, 
and he is thus put on record, so that his constituents may 
know just how he voted. 

Executive Neglect. The president sometimes allows a 
bill to become a law by the process called " executive neg- 
lect." In this case, he neither signs the bill nor vetoes it 
in the regular way. If the bill is not vetoed nor signed by 
the president within ten days from the time it is presented 
to him (Sundays excepted), it becomes a law, unless con- 
gress, by adjournment, prevents its return. 

Pocket Veto. If a bill passed during the last ten days of 
a session of congress is objectionable to the president, he 
may prevent the measure from becoming a law by taking- 
no action upon it. This method of defeating a bill is called 
a " pocket veto." 

Clause j. — Joint Resolutions 

Every order, resolution, or vote to which the concurrence 
of the senate and house of representatives may be necessary 
(except on a question of adjournment), shall be presented 
to the president of the United States; and before the same 
shall take effect, shall be approved by him, or, being dis- 
approved by him, shall be repassed by tzvo-thirds of the 
senate and house of representatives, according to the rules 
and limitations prescribed in the case of a bill. 



216 IOWA AND THE NATION 

This clause was considered necessary in order to pre- 
vent the congress from passing a bill that the president 
might object to, and which could not be passed over his 
veto, by simply changing it to the form of an order, or 
resolution. 

Concurrent Resolution. A vote of congress to do 
something which is not intended to have the force of law, 
is called a concurrent resolution, and does not require the 
president's approval. 



CHAPTER V 

POWERS OF CONGRESS 

Section VIII 

Clause i. — Taxation 

Congress shall have power: 

To lay and collect taxes, duties, imposts and excises, to 
pay the debts and provide for the common defense and gen- 
eral welfare of the United States; but all duties, imposts 
and excises shall be uniform throughout the United States. 

Taxes. Under the Articles of Confederation there was 
no national treasury. Congress had power to recommend 
that money be raised for various purposes, but it could not 
levy or collect a single dollar. Taxes are authorized by 
the Constitution to be raised for three purposes, for the 
payment of debts, to provide for the common defense and 
to promote the general welfare of the United States. 

Direct Taxes. Taxes are classed as direct and indirect. 
By a clause of the Constitution already quoted, direct taxes 
must be levied upon the several states according to their 
population. Direct taxes, when apportioned to the states, 
are collected by the states, and the amount is then paid 
into the United States treasury. Direct taxes have always 
been unpopular in this country as a means of raising rev- 
enue for the general government, and this method has not 
been resorted to except in case of urgent necessity. 

217 



218 



IOWA AND THE NATION 



In 1861, a direct tax was levied upon the states to aid in 
paying the expenses of the rebellion, but the amount of 
money thus raised was restored to the states about twenty 
years later. 

Direct taxes are levied upon the property of individuals, 
or upon the persons themselves, regardless of property. A 
tax on property, personal or real, is called a property 
tax, and one on individuals, a poll or capitation tax. 

Income Tax. An income tax is a tax levied on the income 
of individuals for the support of the government. It may 
be levied directly upon the person receiving an income, or 
in the form of a tax on dividends, interests, etc. The six- 
teenth amendment to the Constitution, ratified in 1913, 
legalizes an income tax. An income-tax law passed by 
congress in 1894 was declared unconstitutional. 

Indirect Taxes. Duties, imposts and excises are indirect 
taxes. They are levied upon certain articles imported into 
the country, and also upon articles, usually luxuries, manu- 
factured in the country. 

Duties are of two kinds — specific and ad valorem. A 
specific duty is levied on goods without regard to value. 
An ad valorem duty is levied on goods at a certain per- 
centage of their value in the country from which they are 
imported. 

Tariff. A law passed by congress to fix the rate of 
duty upon articles imported into the United States is called 
a tariff. The word " tariff " is a corruption of " Tarifa," 
the name of the southern cape of Spain. The Moors, dur- 
ing the Middle Ages, held this cape, and by means of it, they 
were able to control the entrance to the Mediterranean 
Sea. The tribute they exacted from merchantmen for 
passing through the Strait of Gibraltar without molesta- 
tion was called a Tarifa tax, or a tariff. 

Kinds of Tariff. The tariff has been a subject of much 



POWERS OF CONGRESS 219 

dispute in the United States, and upon it, political parties 
have been divided all through our history. Two theories 
have been advocated — one, " a tariff for revenue only," 
and the other, " a tariff for protection." Those who favor 
the first plan argue that the tariff should be so regulated 
as to help defray the expenses of the government, and that 
it should be lowered or removed altogether, if the expenses 
can be met in other ways. 

A tariff for protection is also a tariff for revenue, but 
in addition to that, the burden of taxation is placed upon 
those imported articles that are likely to be brought into 
competition with the same class of articles manufactured 
or produced in this country. 

Export Duty Prohibited. The United States and the 
several states are prohibited from levying duties upon 
exports. Imposts are the same as duties, or customs, and 
this term might have been omitted from the Constitution 
without impairing the tax-levying power in any way. 

Internal Revenue. Excises are taxes levied on tobacco, 
cigars, spirituous and malt liquors, patent medicines and 
other commodities produced within the country, according 
to the needs of the government. Many of these taxes are 
paid by stamps which the manufacturer or producer is 
required to purchase of the government and affix to the 
packages when they are placed on the market. Sometimes 
stamps are required on bonds, deeds, bills of sale, bills of 
lading, etc. 

During the Civil War internal revenue taxes were very 
heavy, but most of them were repealed within a few years 
after the close of the war. Stamp taxes were revived dur- 
ing the Spanish- American War and again in 1914, in con- 
sequence of the loss of revenue from customs occasioned 
by the war in Europe. 

Expenses of Government. In times of peace, the 



220 IOWA AND THE NATION 

expenses of our government are enormous, and they would 
be very much increased in case of war. It now costs more 
than $1,000,000,000 to pay the expenses of the government 
for a single year. 

The fiscal year ends June 30. For the year 1912-13 the 
total disbursements were $1,010,812,000, and the receipts 
were about $4,000,000 in excess of this amount. 

Debts. During the Civil War, the sources of revenue 
were increased in many ways, but, in spite of this, the debt 
at the close of the war was nearly $3,000,000,000. A great 
part of this has been paid, but the common defense and 
general welfare demand the outlay of large sums of money 
annually. The subject of taxation has always been, and 
doubtless always will be, a troublesome one. 

Clause 2. — Borrozving 
To borrow money on the credit of the United States. 

Bonds. Several times in our history, our government 
has been obliged to borrow money on its credit. At the 
time of the purchase of Louisiana, in 1803, there was not 
money enough in the treasury to pay for it. Bonds were 
issued to Napoleon, and this was equivalent to borrowing 
money, for the credit of the government was pledged to the 
redemption of the bonds. 

During each of the wars in which the United' States has 
been engaged, the credit of the nation has been used, and 
during the Civil War it was taxed almost to the utmost, 
in order to raise the necessary means to carry on the war. 

Clause J. — To regulate Commerce 

To regulate commerce with foreign nations, and among 
the several states, and with the Indian tribes. 



POWERS OF CONGRESS 221 

United States Commerce. One of the defects of the 
old government was that congress had no power to legis- 
late in any way with reference to commerce. The states 
soon became jealous of each other, and restrictions were 
often placed upon the commerce of neighboring states, for 
no other reason than that of envy or jealousy. It will be 
remembered that the first convention called after the close 
of the Revolution was for the purpose of improving the 
commercial relations among the states. 

The foreign commerce of the United States is very exten- 
sive, and it is largely controlled by congress. An Inter- 
state Commerce Commission is regularly maintained by the 
general government, for the purpose of regulating com- 
merce among the states. The commerce with Indian tribes 
is unimportant, but whatever there is, is under the direc- 
tion of congress. The Department of Commerce and the 
Interstate Commerce Commission are important govern- 
ment agencies in regulating commerce between the states. 

Clause _/. — Naturalisation and Bankruptcy 

To establish a uniform rule of naturalization, and uni- 
form laws on the subject of bankruptcies throughout the 
United States. 

Naturalization. Naturalization is the legal process 
whereby an alien may become a citizen of the United States. 
Power to naturalize aliens rests with the United States cir- 
cuit and district courts, and all courts of record having a 
seal and a clerk and jurisdiction in actions in law or equity 
or both in which the amount in controversy is unlimited. 
But each court can naturalize only those aliens residing in 
the territory subject to its jurisdiction. The process involves 
two steps, declaration of intention and petition for 
naturalization. 



222 IOWA AND THE NATION 

Declaration of Intention. Any alien who is a white person 
or of African nativity may file a declaration of his inten- 
tion to become a citizen of the United States in the clerk's 
office of any court having jurisdiction over the place where 
he lives. This declaration cannot be filed until the alien 
has reached the age of 18 years. The alien must declare 
on oath that it is bona fide his intention to become a citizen 
of the United States and to renounce his allegiance to any 
foreign state or sovereignty and especially to the state or 
sovereign of which he is a subject. 

This declaration must contain information as to the 
name, age, occupation, time and place of arrival in the 
United States. 

Petition for Naturalization. Not less than two years 
after an alien has filed his declaration and after not less 
than five years of continuous residence in the United 
States, he may file a petition for citizenship in any one 
of the courts having power to grant naturalization and 
having jurisdiction over the place in which he resides, pro- 
vided he has lived one year continuously immediately prior 
to filing such petition, in the state or territory in which 
such place is located. 

The petition must be signed by the petitioner in his own 
handwriting, and must give his name, place of residence, 
occupation, place and date of birth, the place from which 
he emigrated and the date and place of his arrival in the 
United States. This must be accompanied by a certificate 
from the Department of Labor showing the fact of his 
arrival and the date and place of the same. 

If he is married, the petitioner must give the name of his 
wife and if possible the country in which she was born, 
and her place of residence at the time of filing her 
petition. 



POWERS OF CONGRESS 223 

If he has children the name, date and place of birth and 
present place of residence of each living child must be 
given. 

The petitioner must declare an oath that he is not a dis- 
believer in nor opposed to organized government or a mem- 
ber of or affiliated with any organization or body of persons 
teaching disbelief in or opposition to organized govern- 
ment ; that he is not a polygamist or a believer in the prac- 
tice of polygamy. He must also renounce absolutely and 
forever all allegiance and fidelity to any foreign country 
of which he may at the time of filing the petition be a citi- 
zen or subject. 

The petition must be verified at the time it is filed by 
the affidavit of two credible witnesses, who are citizens of 
the United States and who shall state that they have known 
the petitioner during his entire residence (not exceeding 
five years) in the state in which the petition is filed, which 
must not be less than one year, and that they have known 
him to be a resident of the United States continuously dur- 
ing the five years immediately preceding the filing of the 
petition ; that during such time he has acted as a man of 
good moral character, attached to the principles of the Con- 
stitution of the United States, and well disposed to the 
good order and happiness of the same. 

If the petitioner has not resided continuously in the state 
in which his petition is filed, his residence in other states 
may be proved by depositions. 

Any alien who has borne a title of nobility or been the 
member of any order of nobility must renounce such title 
or position before becoming naturalized. 

No alien may become naturalized, if physically able, who 
does not speak the English language. 

If all requirements are met the oath of allegiance is 



224 IOWA AND THE NATION 

administered to the petitioner and he is given his naturaliza- 
tion papers. 

Fees. When an alien files his declaration of intention 
he is required to pay the clerk of the court one dollar, and 
when he files his petition for naturalization he pays four 
dollars. 

Effect. Naturalization of an alien confers citizenship 
upon his wife if she could be lawfully naturalized herself, 
and if she is residing in the United States. It also confers 
citizenship upon all children under age residing in the 
United States. 

When an alien who has formerly declared his intention 
to become a citizen of the United States dies before he is 
actually naturalized, the widow and children who are under 
age are not required to file a declaration of intention, but 
may complete the process of naturalization. 

The naturalization of Chinese is expressly prohibited and 
the courts have held that naturalization cannot be extended 
to Japanese, Burmese and Hawaiians. 

A citizen by naturalization has every right and privilege 
of a natural-born citizen, except that he cannot hold the 
office of president of the United States. 

Suffrage. Naturalization is conferred by the United 
States, and the qualifications of voters are determined by 
each state for its own citizens, therefore naturalization may 
not be a necessary requirement for suffrage. In about 
one-half the states aliens who have declared their intention 
may vote ; in the others, full citizenship is required. 

Exceptions. There are some exceptions to the general 
naturalization law. An alien who has served one year in 
the army or navy of the United States and been honorably 
discharged, may become a citizen at once by taking the oath 
of allegiance. An alien woman becomes a citizen by mar- 
riage with a citizen. 



POWERS OF CONGRESS 225 

Bankruptcy Laws. The justice of bankruptcy laws 
has always been questioned by able jurists. On the other 
hand, financial institutions and prominent business men 
believe them to be necessary. They afford relief to the 
debtor, and enable him to start anew. They also assure 
each creditor an equitable share of the amount due him. 
The United States bankrupt law now in force was passed 
in 1898 and amended in 1910. 

A bankruptcy law gives a debtor the right to appear in 
court, and, under oath, to certify to all the property belong- 
ing to him which is not exempt by law from attachment 
for debt. By turning over this property to the court, for 
the benefit of his creditors, the proceeds will be divided 
proportionately among them, and the entire debt will thus 
be canceled. The debtor may afterwards accumulate a 
large amount of property, but it can never be seized to pay 
debts contracted before he took advantage of the provisions 
of the bankruptcy law. 

Clause 5. — Coinage and Measures 

To coin money, regulate the value thereof, and of foreign 
coin and fix the standard of weights and measures. 

Coinage. The right to coin money belongs primarily 
with the nation, and not with the state. Under the power 
conferred upon congress by the first part of this clause, 
laws relating to the coinage of money have been passed, 
and mints owned and operated by the general government 
have been established. 

United States Mints. The main mint of the United 
States is at Philadelphia. It was established in 1791. There 
are also United States mints at New Orleans, San Fran- 
cisco and Denver. Each of these mints, except the one at 



226 IOWA AND THE NATION 

Philadelphia, has a mint mark which is placed on the 
reserve side of all the principal coins. " O " is the mint 
mark for New Orleans, " S " for San Francisco and " D " 
for Denver. 

Coins. Gold, silver, nickel and bronze are now coined 
into money by the authority of congress. The gold coins 
are the double eagle, the eagle, half eagle and quarter eagle. 
The silver coins are the dollar, half dollar, quarter dollar 
and dime. The baser coins are the five cent and the one 
cent piece. 

Legal Tender. Gold coins and silver dollars are legal 
tender for the payment of debts in unlimited amounts, but 
all other silver coins are limited to ten dollars as a legal 
tender. A private citizen may have gold bullion coined 
into money at the United States mint in any quantity he 
chooses. This is called free coinage of gold. The govern- 
ment does not now coin silver for individuals, but purchases 
what it needs. 

Portraits on Coins. President Washington was urged to 
allow his portrait to be used on the principal coins of the 
United States, but he objected on the ground that in a 
republic no man's portrait should be placed on. its coins. 
That plan has been followed through our history down to 
the present time. 

Value of Coins. The power of congress to regulate the 
value of coins is an important one. At present the gold 
dollar as a unit of value, contains twenty-five and eight- 
tenths grains, nine-tenths fine, and the silver dollar 412^ 
grains, and of the same degree of fineness as the gold dollar. 
The metal in a silver dollar is often worth less than a 
dollar as bullion, but the stamp of the government causes 
it to pass at its face value. Congress does not attempt to 
regulate the value of foreign coins, as the number circulated 
in the United States is very small. 



POWERS OF CONGRESS 227 

Weights and Measures. The necessity of uniform 
standards of weights and measures is apparent to every 
one. The Constitution gives congress power to establish 
a uniform system of weights and measures, and several 
attempts have been made to secure uniformity, but state 
standards are still allowed. In 1817 the senate directed 
John Quincy Adams, then secretary of state, to make a 
report upon the weights and measures used in the United 
States and other countries, and this report became the basis 
of later enactments. In 1830 a number of standards were 
adopted. In 1901 the National Bureau of Standards of the 
United States was established. The bureau was given cus- 
tody of standards already adopted and authorized to make 
scientific investigation of standards employed in all lines 
of industry. Laboratories have been provided for the 
bureau and highly trained specialists are employed. 

Clause 6. — Punishment of Counterfeiting 

To provide for the punishment of counterfeiting the 
securities and current coin of the United States. 

Counterfeiting. During the Revolution, congress was 
obliged to issue large amounts of paper money, and, with 
the poor facilities for engraving and printing it, the work 
was not well done, and it was also easily imitated. To make 
the matter worse, and perhaps with the thought of entirely 
ruining the credit of the United States, large sums of coun- 
terfeit money were printed in England and sent over 
here to be given away, or used in exchange for American 
manufactures and other products. In this way, the money 
of the government became worthless, and its credit well 
nigh ruined. 

Counterfeiting Paper Money. Of late years, the art of 



228 IOWA AND THE NATION 

the engraver has made it very difficult to imitate our paper 
money, and the penalty for counterfeiting is severe. The 
crime of counterfeiting is a felony, and the penalty, as fixed 
by law, is printed on the back of greenbacks and national 
bank notes. On greenbacks, it is as follows : 

" Counterfeiting or altering this note, or passing any 
counterfeit or alteration of it, or having in possession any 
false or counterfeit plate or impression of it, or any paper 
made in imitation of the paper on which it is printed, is 
felony, and is punishable by five thousand dollars ($5,000) 
fine, or fifteen (15) years imprisonment at hard labor, or 
both." 

Counterfeiting Coins. The penalty for counterfeiting 
the coins of the United States is also very severe. Offi- 
cers of the government are employed to detect counterfeit 
money of any kind, and, if possible, to arrest the criminals 
engaged in its manufacture or use. 

Kinds of Paper Money. It is safe to say that there is 
almost no counterfeit money now in circulation. So certain 
do we feel that all the paper money in use is genuine, that 
we rarely examine it, except to be sure of the amount it 
represents. The kinds of paper money now in circulation 
are greenbacks, national bank notes, silver, gold and coin 
certificates. 

The Currency Act of 1913 authorizes the federal reserve 
banks to issue a special currency to meet emergencies. 

Clause 7. — Postoffices 

To establish postoffices and post roads 

Postal System. The postal system of the United 
States had its origin in early colonial times, and under the 
management of Benjamin Franklin was brought to a good 
degree of perfection. When the Federal Government was 



POWERS OF CONGRESS 229 

organized under the new Constitution the postoffice was 
made a department of the government. At this time there 
were only 75 postoffices. In 1915 there were about 57,000. 
In 1900 there were over 76,000. This decrease in number 
is due to the extension of rural free delivery, which has 
done away with many small postoffices in rural communities. 

Rates of Postage. All mailable matter is divided into 
four classes known respectively as first-class, second-class, 
third-class and fourth-class matter. 

First-class matter includes letters and other written docu- 
ments, manuscript and all sealed packages, whatever their 
contents. Postage on first-clas i matter is two cents an ounce 
or fractions thereof. The exceptions are postal cards and 
drop letters in local postoffices where there is no delivery. 
The rate on each of these is one cent. 

Second-class matter includes all newspapers, periodicals 
and other publications which appear regularly at least four 
times a year, and are entered in the Postoffice Department 
as second-class matter. The rate on second-class matter to 
publishers and news agents is one cent a pound or fraction 
thereof. Publications sent to subscribers within the county 
are free unless mailed for delivery at letter-carrier offices. 
Publishers wishing to secure the advantages of second-class 
rates must submit their periodicals to the Postoffice Depart- 
ment for approval. If the periodical meets the require- 
ments the rate is granted. Otherwise the publication is 
subject to the rate of third-class matter. 

Third-class matter includes printed engravings, circulars, 
photographs and mimeograph and multigraph letters not 
containing name and address of the person to whom they 
are sent. Such letters containing the address may be 
mailed as third-class matter, provided at least twenty iden- 
tical copies are mailed at the postoffice window at one time. 
Proof sheets accompanied by manuscript are also included 






230 IOWA AND THE NATION 

in this class. Packages of third-class matter must be 
unsealed and so wrapped that the contents can be readily 
examined. The rates are one cent for every two ounces 
or fractions thereof. 

Parcel Post. Fourth-class matter embraces parcel post 
mail, and includes merchandise, farm and factory products, 
seeds, cuttings, bulbs, roots, scions and plants, books 
(including catalogues), printed matter weighing more than 
four pounds, and all other mailable matter not included in 
the first, second and third classes. Parcel post packages 
must be unsealed. 

Packages weighing eight ounces or less and miscellaneous 
printed matter weighing less than four pounds are subject 
to uniform rates, but the rates on larger packages are fixed 
by zones. The limit of weight for packages in the first 
and second zones is fifty pounds ; beyond the second zone, 
twenty pounds. 

Those wishing to use the parcel post should obtain from 
their rural carrier or their postmaster printed rules and 
directions which are supplied on application. 

International Postal Union. The United States is also 
a member of an international postal union, and, by means 
of this, letters may be sent to any foreign country belong- 
ing to the postal union, at the uniform rate of five cents per 
half ounce. 

Money may be sent to all parts of the United States by 
means of postal orders, which may be purchased at all the 
important postoffices in the United States. International 
money orders are also used to send money abroad. 

Adjustment. Salaries are readjusted annually, and if the 
receipts of any office grow so large early in the year as 
to change the class to which that office belongs, the read- 
justment will not be made until the end of the postal year, 
which is March 31. 



POWERS OF CONGRESS 231 

. Post Roads. Post roads are routes designated by the 
government over which the mails are carried. They consist 
of railroads, steamship routes and wagon roads. These 
post roads are not special routes constructed at government 
expense, but any route by which mail is conveyed is called 
a post road. In nearly all parts of the country, rural free 
delivery of mail is made by carriers who do their work 
under contract with the general government. 



Clause 8. — Copyrights and Patents 

To promote the progress of science and useful arts by 
securing, for limited times, to authors and inventors, the 
exclusive right to their respective writings and discoveries. 

Patents. A patent is a certificate issued by the auth- 
ority of the government to the inventor of any useful 
article, or the discoverer of any useful process, by means 
of which he is given the exclusive right to manufacture 
and sell his production. Models of the various articles 
patented in the United States are kept in the patent office at 
Washington. Patents are issued by a commission that is 
in charge of that branch of the interior department. 

Expense. Letters patent, as the certificate is called, 
secures to the inventor the exclusive right to his patent for 
seventeen years, and a patent may be re-issued. The 
expense of obtaining a patent is thirty-five dollars. Fifteen 
dollars must accompany the application, and this money 
will not be returned to the applicant, even if he is not 
granted a patent. It is used to defray the expense of the 
careful search through the models in the patent office to see 
that the article is not like some similar one already covered 
by patent. 






232 IOWA AND THE NATION 

Copyright. Copyright is the privilege granted to authors 
and designers. It is intended to secure to them the 
exclusive right to their productions. The following steps 
are necessary to secure a copyright: 

1. Make application to the Register of Copyrights, 
Washington, D. C, for the necessary forms. The applica- 
tion should state whether the article is a book, a play, a 
musical composition or a photograph or print of some 
designer. 

2. Fill the blanks received, taking care to comply with 
every requirement. 

3. Forward the application together with the required 
fee, one dollar, to the Register of Copyrights. 

4. Send two copies of the article on which copyright is 
desired to the Register of Copyrights. All articles copy- 
righted must have printed upon each copy the legend 

Copyright 19 
By A B 



That is, the legend must contain the year in which the 
copyright was granted and the name of the person or firm 
to whom it was granted. 

A copyright is good for 28 years and may be renewed. 

Clause p. — United States Courts 

To constitute tribunals inferior to the supreme court. 

This clause is an important one, and congress, exercising 
the authority granted by it, has established several impor- 
tant courts, some of them inferior only in name to the 
Supreme Court. Owing to the relation of these courts to 
the Supreme Court, the whole subject is discussed as the 
judicial branch of the government, Chapter VIII, 



POWERS OF CONGRESS 233 

Clause io. — Crimes at Sea 

To define and punish piracies and felonies committed on 
the high seas, and offenses against the law of nations. 

Piracy. Piracy is a crime committed on the high seas 
which is equivalent to robbery on land. Congress has 
passed stringent laws for the punishment of piracy, and 
as other civilized nations have taken similar action, this 
crime is now of rare occurrence. 

Low Water Mark. The jurisdiction of a state border- 
ing on the ocean extends to low water mark, but the nation 
has control of oceanic waters for a distance of three miles 
outside of low water mark. The nation also controls the 
gulfs and bays that indent its coasts, and the Great Lakes. 

The offenses against nations referred to here apply only 
to citizens of the United States. Each nation is responsible 
to every other nation for the acts of its citizens. The 
United States has been called upon to make reparation 
for the injuries done to citizens of other countries, and the 
power of our government is often invoked to protect the 
rights of our citizens abroad. 

Clause II. — Declaration of War 

To declare war, grant letters of marque and reprisal, and 
make rules concerning, captures on land and water. 

War. One of the sovereign powers of a nation is that 
of declaring war. The United States has been engaged in 
three important wars with other nations, and in the great 
Civil War. A declaration of war is a very important step 
for any nation to take and power to take such a step should 
rest with the representatives of the. people. It is a formal 



234 IOWA AND THE NATION 

proclamation to the world that war is about to begin, and 
war is always dreadful. 

Marque and Reprisal. A letter of marque is a commis- 
sion in writing, issued by the National Government, author- 
izing a private person to capture on the high seas persons 
and property of the subjects or citizens of a nation that has 
inflicted injury upon his country, and the authority to take 
the property seized into the ports of the injured nation is a 
letter of reprisal. 

Prize Courts. The United States, in time of war, desig- 
nates certain ports into which prizes may be taken by 
officers acting under letters of marque and reprisal. At 
these ports, prize courts, or courts of admiralty, as they are 
often called, are established, and if it is found by them 
that the seizure has been properly made, the property is 
sold, and the money received is divided among the officers 
and crew in a manner prescribed by law. 

Clause 12. — Maintenance of Armies 

To raise and support armies, but no appropriation of 
money to that use shall be for a longer term than two years. 

Armies. The power to declare war would have little 
force unless accompanied by the right to raise and equip 
armies. The members of the Constitutional Convention 
were divided in opinion concerning the power of congress to 
raise armies, and the people also, when called upon to ratify 
the Constitution, were found to be much opposed to this 
part of the document. 

Appropriations. As a safeguard to the people, it is pro- 
vided that an appropriation for the support of the United 
States army shall not be made for a longer period than two 
years. By this means, if a war proves unpopular, repre- 



POWERS OF CONGRESS 235 

sentatives favoring the wishes of the people could be elected, 
and the war terminated through lack of support of the 
army. 

Standing Army. It has always been the policy of the 
United States to maintain a small standing army. At pres- 
ent the minimum is fixed at 58,000 men, and this number 
can be increased to 100,000 upon order of the president. 
The army is under the management of the General Staff, 
which is composed of experienced officers. The chief of 
staff is at the head of this body, and is, under the presi- 
dent, the commander-in-chief of the land forces of the 
country. 

Militia. All able-bodied citizens of the United States and 
all aliens who have declared their intention to become citi- 
zens who are over 18 and under 45 years of age, unless 
excused for special reasons, are members of the militia. 
The militia is divided into two classes, the organized militia 
known as the National Guard, and the unorganized militia. 
In 1915 the organized militia numbered about 123,000 offi- 
cers and men, and the unorganized militia exceeded 
20,000,000. 

Clause 13. — The Navy 

To provide and maintain a navy. 

Navy. The navy of the United States has been for 
many years even less imposing than its army. But the 
year 1898 saw a small, poorly equipped navy change, as if 
by magic, into one of the most powerful navies of the 
world. In a few days, the vast resources of the govern- 
ment were turned toward the improvement of our navy, 
and the change was marvelous. Battleships, armored 
cruisers, torpedo boats, rapid-fire guns, and, in fact, every- 
thing needed for the carrying on of a great war seemed 



236 IOWA AND THE NATION 

to spring into being at the need of the nation. At the 
breaking out of the European War, 1914, the navy of the 
United States ranked third among the navies of the world, 
being exceeded only by those of Great Britain and 
Germany. 

Clause 14. — Army and Navy Regulations 

To make rules for the government and regulations of 
the land and naval forces. 

Military Academy. Congress has passed many laws 
relating to the government of its land and naval forces. To 
provide for the proper training of army officers, there is a 
Military Academy located at West Point, New York, and 
supported at government expense. This academy was 
opened in 1812, and has prepared a large number of officers 
for the army. 

Cadets. Each senator and each congressional district and 
territory, including Porto Rico, Alaska and Hawaii, is 
entitled to have one cadet at the Academy, and the District 
of Columbia is entitled to two. In addition to these there 
are forty cadets at large, appointed by the president of the 
United States. Appointments are usually made through 
competitive examinations. Candidates cannot be under 
17 nor over 22 years of age. The course of study requires 
four years and the graduates have the rank and pay of 
second lieutenants. While at the Academy each cadet is 
paid $540 a year. 

Naval Academy. The United States Naval Academy 
is located at Annapolis, Md. It was founded in 1845 by 
George Bancroft, the historian, when he was secretary of 
the navy. The students are called midshipmen. Two mid- 
shipmen are allowed for each senator, representative and 



POWERS OF CONGRESS 237 

delegate in congress, two for the District of Columbia, ten 
from the United States at large and fifteen from the 
enlisted personnel of the navy. Those from the District 
of Columbia and the United States at large are appointed 
by the president, those from the navy by the secretary of 
the navy, and the others by the senators and representa- 
tives of their respective states. All appointments are made 
on a competitive examination. The course of study requires 
four years. Candidates must be between the ages of 18 
and 20 years. 

Clause i$. — The Militia 

To provide for calling forth the militia to execute the 
lazes of the Union, suppress insurrections, and repel 
invasions. 

Commander-in-Chief. The Constitution provides that 
the president shall be commander-in-chief of the land and 
naval forces of the United States. The governor of each 
state is empowered to call out of the state militia to enforce 
the laws of the state and maintain peace within its borders, 
but he has not the power to send them outside of the state. 
The president may call out the state militia to aid in execut- 
ing the laws of the Union, or to suppress insurrections, and 
repel invasions. 

Clause 16. — Organization of the Militia 

To provide for organizing, arming and disciplining the 
militia, and for governing such part of them as may be 
employed in the service of the United States, reserving to 
the states respectively the appointment of the officers, and 
the authority of training the militia according to the disci- 
pline prescribed by congress. 



238 IOWA AND THE NATION 

Training Militia. If it were not for this provision, by 
means of which uniformity in military training is secured, 
the militia would be of little value, when called into the 
service of the general government. It is proper to permit 
the states to choose the officers of the militia, but the train- 
ing of all, officers and privates alike, should be the same 
for all the states. 

Clause if. — Exclusive Legislation 

To exercise exclusive legislation in all cases zvhatsoever 
over such district (not exceeding ten miles square) as may, 
by the cession of particular states, and the acceptance of 
congress, become the seat of government of the United 
States, and to exercise like authority over all places pur- 
chased by the consent of the legislature of the state in 
ivhich the same shall be, for the erection of forts, magazines, 
arsenals, dock yards, and other needful buildings. 

Seat of Government. Washington was empowered by 
congress, at its first session, to locate the seat of govern- 
ment at some point on the Potomac River. This he did in 
1790, and the capital was removed from Philadelphia, to 
the city of Washington in 1800. The site chosen for the 
seat of government is known as the District of Columbia. 
Maryland gave 72 square miles of territory, and Virginia, 
28. In 1846, the government ceded to Virginia its origi- 
nal part, leaving only the Maryland grant in the District. 
The District is governed by three commissioners appointed 
by the president and confirmed by the senate. 

United States Property. The United States owns 
custom houses, navy yards, postoffices in many large cities, 
and other property in different parts of the country. Land 
is obtained for these purposes from the several states, but 



POWERS OF CONGRESS 239 

the states usually reserve certain rights to the land. As 
a rule, the deed to the land contains a reverting clause, so 
that the land will become the property of the state or indi- 
vidual granting it, in case the government fails to use it 
for the purpose for which it was granted. The right to 
serve writs or other legal notices for the enforcement of 
the laws of the state is also reserved by the state. This 
is done to prevent these places from becoming a place of 
refuge for criminals fleeing from state authority. 

Clause 18. — Legislative Power 

To make all laws which shall be necessary for carrying 
into execution the foregoing poivers, and all other powers 
vested by this constitution in the government of the United 
States, or in any department or officer thereof. 

This clause is a grand summary of the powers of con- 
gress. It will be seen that the Constitution states many 
things about which congress may legislate, but this is only 
for the purpose of pointing out some of the most impor- 
tant subjects requiring general legislation. In order to 
show that congress has power to legislate in matters not 
specified, this last provision is wisely inserted. 

QUESTIONS AND SUGGESTIONS 

1. Why is the Preamble an important part of the 
Constitution ? 

2. Compare the plan of government of the United 
States with that of Iowa, branch for branch. 

3. How many representatives in congress has Iowa? 
In which congressional district do you live? Who is your 
representative ? 



240 IOWA AND THE NATION 

4. Who are the United States senators from Iowa? 
When does the term of each expire? 

5. How many members in the House of Representa- 
tives? In the Senate? When can the number of represen- 
tatives be changed? Can the number of senators be 
changed ? 

6. Write your representative for a copy of some bill 
before congress, in which the people of Iowa are especially 
interested, and study its form, language and arrangement. 

7. What employees of the United States government 
do you most frequently meet? Is there a United States 
official in your city ? 

8. Can a woman hold an office under the United States 
government ? 

9. How can the people in your congressional district 
influence the vote of their representative on any measure in 
which they are interested? 

10. If two persons claimed to be elected to the house of 
representatives from the same district, who would decide 
between them? 

11. Can a member of congress be punished for an 
offense committed before he was elected? 

12. Is congress now in session? Is it the long or short 
term ? 

13. Why is a bill referred to a committee after it is 
introduced into either branch of congress? 

14. What are United States bonds ? For what purposes 
are they issued? 

15. Why does the Constitution vest the power of declar- 
ing war in congress? 

16. If you wished to enter the Naval Academy, what 
steps would you have to take to secure admission ? 

17. If a government post-office building were to be 
erected in your city, how would the funds be obtained ? 



POWERS OF CONGRESS 241 

- 18. Can congress do anything not specified in the 
Constitution? 

19. How did members of congress vote under the Con- 
federation? How do they vote now? 

20. When was the last United States census taken? 
When will the next be taken? 



CHAPTER VI 

PROHIBITIONS 

Section IX. On Congress 

Clause i. — The Slave Trade 

The migration or importation of such persons as any of 
the states now existing shall think proper to admit, shall not 
be prohibited by congress prior to the year one thousand 
eight hundred and eight, but a tax or duty may be imposed 
on such importation, not exceeding ten dollars for each 
person. 

Everything- in the Constitution pertaining to slavery was 
virtually repealed by the ratification of the thirteenth 
amendment. 

Clause 2. — The Writ of Habeas Corpus 

The privileges of the writ of habeas corpus shall not be 
suspended, unless when in cases of rebellion or invasion the 
public safety may require it. 

Habeas Corpus. The right to a writ of habeas corpus 
is one of the strongest safeguards to personal liberty. An 
innocent person may be arrested, charged with having com- 
mitted a heinous crime. Instead of being compelled to wait 
several weeks or months for a hearing, he may demand a 
writ of habeas corpus in the method prescribed by law. 

242 



PROHIBITIONS 243 

This writ is placed in the hands of the sheriff, or other 
ministerial officer, and he is directed to take the person 
under arrest before the proper judicial authority, who 
will at once decide whether or not the person accused is 
legally held to answer for the crime. 

Effect. The examination by virtue of a writ of habeas 
corpus is not a formal trial of the person under arrest, 
as it is intended to decide only the legality of the arrest. 
Congress has conferred upon the president the right to 
suspend the privilege of this writ in time of public danger. 
The writ can be suspended only in the places actually suf- 
fering from invasion or insurrection. 

Clause 3. — Lazvs Forbidden 

No bill of attainder or ex-post-facto law shall be passed. 

Attainder. Parliament had passed bills of attainder 
declaring British subjects guilty of crimes punishable by 
death. Such a bill was a judicial declaration in the form 
of law, and the person attainted had no chance to defend 
himself in the courts. Not only was he denied the right to a 
judicial trial, but his estate was often confiscated by the 
crown, and, in the case of treason, his legal heirs were 
disinherited. 

Ex-Post-Facto Laws. An ex-post-facto law is also 
very unjust. By it an act committed today may be tomorrow 
declared by law to be a crime. In other words, it makes an 
act criminal that was not a crime at the time it was 
committed. 

Clause 4. — Direct Taxes 

No capitation or other direct tax shall be laid, unless in 
proportion to the census or enumeration hereinbefore 
directed to be taken. 



244 IOWA AND THE NATION 

Clause 5. — Duties on Exports 

No tax or duty shall be laid on articles exported from any 
state. 

Direct taxes and duties are explained on page 218. 

Clause 6. — Commercial Restriction 

No preference shall be given by any regulation of com- 
merce or revenue to the ports of any state over those of 
another nor shall vessels bound to or from one state, be 
obliged to enter, clear, or pay duties in another. 

This provision was inserted in the Constitution to allay 
the fears of some of the states that a preference for the 
ports of one state might give that state a decided advan- 
tage over the others commercially. The second part of 
the clause insures certain rights to merchant vessels in car- 
rying on commerce among the states. 

Clause 7. — Care of Public Funds 

No money shall be drawn from the treasury but in con- 
sequence of appropriations made by law; and a regular 
statement and account of the receipts and expenditures of 
all public money shall be published from time to time. 

Appropriations of Money. Large sums of money are 
required to carry on the government, even for a year, and 
it is eminently proper to have all appropriations of the 
public funds regulated by law. Many items of expense are 
authorized by general provision of law, as, for example, 
the payment of salaries of president, congressmen, judges 



PROHIBITIONS 245 

and other officers. In addition to this, special appropria- 
tions are made at each session of congress to defray inci- 
dental and unusual expenses of the government. 

Government Expenses. The expenses of the United 
States in all departments of the public service amount to 
about $2,000,000 a day for every day in the year. Some 
of this money is paid in fees which are used to defray the 
expenses of the office collecting them, and, as stated else- 
where, the postal service is self-supporting. Appropriations 
for the running expenses of the government are made by 
congress, upon the recommendation of the various heads 
of departments. 

In a republican government, the people claim the right 
to know about how the public money is obtained, and for 
what purpose it is expended. The secretary of the treas- 
ury is called upon at least once a year to report to the 
president the financial condition of the country, and he 
gives much valuable information to the people concerning 
the finances of the government. The " Sundries Appro- 
priation Bill," passed by congress at each session, shows 
in detail the special appropriations made by that body. 

Clause 8. — Titles of Nobility 

No title of nobility shall be granted by the United States, 
and no person holding an office of profit or trust under them 
shall, without the consent of the congress, accept of any 
present, emolument, office, or title of any kind whatever, 
from any king, prince, or foreign state. 

Nobility. If titles of nobility had not been prohibited 
by the Constitution, there would doubtless have been many 
attempts to establish such titles by law, all along through 
our history. The design of the founders of our govern- 



246 IOWA AND THE NATION 

ment was to prevent any form of aristocracy from gaining 
a foothold in this country under sanction of law. In short, 
it was their intention to establish a democracy — a govern- 
ment of the people. 

Reason for Prohibition. The allegiance of citizens of the 
United States is due to our own government, and the obliga- 
tion is certainly strong upon those who are chosen to posi- 
tions of honor or trust among the people. If any public 
officer were permitted to receive gifts of any kind from 
any foreign power, it would seem to be for some sinister 
purpose. Congress has at different times granted its public 
officers permission to receive gifts from foreign powers. 
In general the prohibition is a wise one, and it has often 
been urged that no citizen of the United States should be 
permitted to receive a gift of any kind from any foreign 
power. 

Section X. On the States 

Clause I. — Unconditional 

No state shall enter into any treaty, alliance, or confed- 
eration, grant letters of marque and reprisal, coin money, 
emit bills of credit, make anything but gold and silver coin a 
tender in payment of debts, pass any bill of attainder, 
ex-post-facto law, or lazv impairing the obligation of con- 
tracts, or grant any title of nobility. 

Restrictions Upon States. Before the Constitution of 
the United States was ratified, the several states were 
independent republics, each one a small nation by itself. 
But, on entering the Union, it became necessary for the 
state to surrender certain rights and privileges that it had 
previously enjoyed, in order that the general government 
might be made strong. The unconditional prohibitions of 



PROHIBITIONS 247 

this clause were necessary to promote the general welfare 
of all the states. 

If the states were permitted to enter into alliances of 
any kind with foreign nations, it would not be long until 
the nation would be forced into war in self-defense, per- 
haps through the hasty or thoughtless action of a single 
state. No state was compelled to enter the Union nor 
could it gain admission into the sisterhood of states with- 
out surrendering those prerogatives that would be likely to 
cause a conflict between state and national authority. 

Clause 2. — Conditional Prohibitions 

No state shall, without the consent of the congress, lay 
any imposts or duties on imports or exports; except zvhat 
may be absolutely necessary for executing its inspection 
laws; and the net produce of all duties and imposts, laid by 
any state on imports or exports, shall be for the use of the 
treasury of the United States; and all such laws shall be 
subject to the revision of the congress. No state shall 
without the consent of congress, lay any duty of tonnage, 
keep troops or ships of war in time of peace, enter into any 
agreement or compact with another state, or with a for- 
eign power, or engage in war, unless actually invaded, or 
in such imminent danger as not to admit of delay. 

State Revenue. It has come to be the policy of the 
states to raise revenue for the support of the state govern- 
ment by means of direct taxes. This seems to have grown 
out of the prohibition placed upon them by this clause. It 
will be seen that any state may pass laws providing for the 
proper inspection of articles of merchandise imported into 
the state. 

Inspection Laws. In 1906 congress passed the National 



248 IOWA AND THE NATION 

Pure Food Law, which provides severe punishments for 
adulterating foods and drugs or for offering them for sale 
under labels that convey a false impression of the com- 
position of the article. Government inspectors throughout 
the country see that this law is enforced in all interstate 
commerce, and within the states, state commissioners make 
similar inspection. The government also, through the 
Department of Agriculture, inspects live stock for the 
purpose of detecting and preventing the spread of contagious 
diseases. Meats are also subject to government inspection 
in all large packing houses. 

Nation Supreme. The language of the last sentence 
of this clause is so definite as to require little explanation. 
The whole purport of the Constitution is to make state 
authority subordinate to that of the general government in 
all matters of common interest. The natural law of self- 
preservation would justify a state in acting in self-defense 
in case of imminent danger or actual invasion. 



CHAPTER VII 

ARTICLE II 

THE EXECUTIVE BRANCH 

Section I. Executive Power 

Clause I. — President 

The executive power shall be vested in a president of the 
United States of America. He shall hold his office daring 
the term of four (years, and, together with the vice-president, 
chosen for the same term, shall be elected as follows: (See 
Clause 2.) 

Executive Authority. The framing of this part of 
the Constitution was a very difficult one. Under the Articles 
of Confederation there was no executive authority, except 
such as congress could exert incidentally. Every point relat- 
ing to the executive was carefully discussed, and changes 
were frequently made in the provisions relating thereto. 

Executive Council. Some members favored an execu- 
tive council of the government to consist of three members, 
instead of having a single president. It was thought best 
to adopt the plan of having but one executive, and the 
committee having this matter in charge decided that the 
title of the president should be, " His Excellency." As 
this seemed to point to the establishment of what might 
be considered by some a title of nobility, it was discarded. 

249 



250 IOWA AND THE NATION 

Term. What should be the length of the presidential 
term of office? Some favored an annual appointment or 
election. Others were in favor of having the executive 
serve during life or good behavior. Between these extremes 
there seemed to be all possible shades and differences of 
opinion. The first plan actually agreed to was, that the 
president should be chosen for a term of seven years, and 
that he should be ineligible to re-election. 

For some reason it afterwards seemed advisable to change 
this provision, and after another prolonged discussion, it 
was decided to make the presidential term four years, and 
to say nothing about re-election. 

X umber of Terms. Washington was urged to become 
a candidate for a third term, but he deemed it unwise, and 
the example he set has been followed all through our his- 
tory. Washington, Jefferson, Madison, Monroe, Jackson, 
Lincoln, Grant, Cleveland, McKinley and Roosevelt are the 
only presidents that have been re-elected. Only five of the 
presidents have been re-elected during the past sixty years. 
It seems as though the people of the United States favor 
a single term for the executive. 

Vice-President. The office of vice-president met with 
much opposition. Several prominent members of the con- 
vention argued against the office as needless, but the major- 
ity of the states became convinced of the need of such an 
officer as the vice-president, and the office was established 
as provided in this section. 

Clause 2. — Number and Appointment of Electors 

Each state shall appoint, in such manner as the legisla- 
ture thereof may direct, a number of electors equal to the 
whole number of senators and representatives to which the 
state may be entitled in the congress; but no senator or rep- 



THE EXECUTIVE BRANCH 251 

resentative, or person holding an office of trust or profit 
under the United States, shall be appointed an elector. 

The twelfth amendment of the Constitution set this clause 
aside. It is as follows : 

The electors shall meet in their respective states and vote 
by ballot for president and vice-president, one of whom, at 
least, shall not be an inhabitant of the same state with 
themselves ; they shall name in their ballots the person voted 
for as president, and in distinct ballots the person voted 
for as vice-president, and they shall make distinct lists of all 
persons voted for as president, and of all persons voted for 
as vice-president, and of the number of votes for each; 
which lists they shall sign and certify, and transmit sealed 
to the scat of government of the United States, directed to 
the president of the senate. The president of the senate 
shall, in the presence of the senate and house of represen- 
tatives, open all the certificates, and the votes shall then be 
counted; the person having the greatest number of votes 
for president shall be president, if such number be a 
majority of the zcliole number of electors appointed; and if 
no person have such majority, then from the persons having 
the highest number not exceeding three on the list of those 
voted for as president, the house of representatives shall 
choose immediately by ballot, the president. But in choos- 
ing the president, the votes shall be taken by states, the 
representation from each state having one vote; a quorum 
for this purpose shall consist of a member or members from 
two-thirds of the states, and a majority of all the states 
shall be necessary to choice. And if the house of represen- 
tatives shall not choose a president whenever the right 
of choice shall devolve upon them, before the fourth day 
of March, next following, then the vice-president shall act 



252 IOWA AND THE NATION 

as president, as in the case of the death or other constitu- 
tional disability of the president. 

The person having the greatest number of votes as vice- 
president, shall be the vice-president, if such number be a 
majority of the whole number of electors appointed, and if 
no person have a majority, then from the two highest 
numbers on the list the senate shall choose the vice-presi- 
dent; a quorum for the purpose shall consist of two-thirds 
of the whole number of senators, and a majority of the 
whole number shall be necessary to a choice. But no person 
constitutionally ineligible to the office of president shall be 
eligible to that of vice-president of the United States. 

Choice of Candidates. It is sometimes asserted that 
the president and vice-president cannot be elected from 
the same state. This is not likely to occur, but the Consti- 
tution does not prohibit it. Political parties always take 
the precaution to nominate their candidates for president 
and vice-president from different states in order not to 
disqualify the electors from any state from voting for the 
candidates for both offices. 

Illustration. This may be made plain by a single illus- 
tration. New York now has thirty-six electoral votes. 
Suppose one of the great political parties should select its 
candidates for president and vice-president from that state, 
and that it was successful in electing its presidential electors 
in that state. When the electors met to cast their votes, 
they could vote for but one of the candidates, because of 
the constitutional provision that one of the candidates must 
not be a resident of the same state as themselves. 

Choice of Electors. The state legislatures have, in 
most cases, provided for the choice of presidential electors 
at the general election every fourth year. Each political 
party desiring to choose a president and vice-president holds 



THE EXECUTIVE BRANCH 253 

a national convention, early in the year, and nominates 
candidates for those offices. Then a state convention of 
delegates is held by each party, and as many candidates for 
presidential electors are nominated as there are members 
of congress from that state. 

Number of Electors. Iowa has two senators and eleven 
representatives in congress, and each political party in the 
state nominates thirteen presidential electors. In voting. 
each elector casts a ballot for the thirteen electors nominated 
by the party to which he belongs. The party casting the 
largest number of votes at the general election elects the 
full number of presidential electors. These electors are 
morally, or at least politically, bound to vote for the 
nominees of their party for president and vice-president. 

Presidential Primaries. While there is no law of Congress 
providing for the nomination of the president by primary 
elections, several states in 1912 expanded the primary 
elections to include presidential primaries, and the nomi- 
nation of candidates to national conventions. In California 
and some other states this nomination of delegates was 
virtually an election. The tendency to extend the primary 
election laws to the presidential nomination is strong, and in 
time it may result in the direct election of the president and 
vice-president by the people. 

Clause 4. — Time of Elections 

The congress may determine the time of choosing, the 
electors, and the day on which they shall give their votes, 
which day shall be the same throughout the United States. 

Summary. The following summary may aid in the 
study of this subject: 

1. Nomination of candidates for president and vice- 
president by each of the great political parties. 



254 IOWA AND THE NATION 

2. Nomination of presidential electors by state conven- 
tions, or by presidential primaries. 

3. Election of presidential electors — the Tuesday next 
after the first Monday in November, in every fourth year. 

4. Meeting of presidential electors on the second Monday 
in January following their election — usually at the state 
capitol. 

5. At this meeting, the ballots of the electors are cast 
for the nominees of their party for president and vice- 
president. 

6. The ballots must be separate and distinct, each 
showing the name of the candidate and the name of the 
office. 

7. Three separate lists of the votes are made, signed 
by the electors, sealed and certified. 

8. One list is sent to the president of the United States 
senate by mail ; the second is sent to him by special 
messenger, generally by one of the electors chosen for that 
purpose; the third is deposited with the judge of the United 
States district court for the district in which the electors 
meet. 

9. The certificates from all the states are opened and 
counted in the presence of both houses of congress on the 
second Wednesday in February. 

Electoral College. The presidential electors of a state 
are often called the electoral college and the same term 
is applied to all the presidential electors of the United States. 
These officers are usually paid a small per diem, and mileage 
sufficient to defray their necessary traveling expenses. Each 
state regulates this matter by law. Presidential electors in 
Iowa are paid five dollars a day for the time actually 
employed in the discharge of their duties, and five cents 
a mile for the necessary distance traveled in going to and 
returning from the seat of government. 



THE EXECUTIVE BRANCH 255 

Election by House of Representatives. In case there 
has been no choice made by the electors, the house of repre- 
sentatives proceeds at once to the election of a president, 
and the senate to the election of a vice-president. In addition 
to the election of Jefferson, 1801, the house of representa- 
tives chose John Quincy Adams president, in 1825. 

Election by Senate. Richard M. Johnson was chosen 
vice-president by the senate in 1837, the only time that the 
election of the vice-president has devolved upon that body. 

Clause -/. — Qualification 

No person except a natural born citizen, or a citizen of 
the United States at the time of the adoption of this consti- 
tution, shall be eligible to the office of president; neither 
shall any person be eligible to that office, who shall not have 
attained to the age of thirty-five years, and been fourteen 
years a resident within the United States. 

Qualifications of President. It would seem to be the 
part of wisdom to restrict the right to hold the highest 
office within the gift of the people to native-born citizens 
of the United States. Many of the ablest members of the 
Constitutional Convention, and many other persons who 
had done much to help the colonies in their struggle for 
independence, were not born in this country. It was for 
these two classes of persons that the exception was made, 
so that they would be eligible to the presidency, if citizens 
of the United States at the time of the adoption of the 
Constitution. The exception does not now apply, of course. 

Age. The minimum age required for president and 
vice-president is certainly low enough. No person has 
ever been chosen to either of these offices at so early an age 
as thirty-five years. 



256 IOWA AND THE NATION 

Residence. The latter part of this clause has always 
been a matter of dispute among students of the Constitution. 
It was evidently the intention of the founders of the 
Constitution to have the "fourteen years a resident within 
the United States" apply to the fourteen years immediately 
preceding the election. This number of years covers the 
period from twenty-one years, the earliest voting age, to 
thirty-five years, the minimum age at which a person may 
be elected president or vice-president. 

In the absence of any interpretation of this clause by the 
Supreme Court of the United States, the language of the 
Constitution must be taken literally. Viewed in this way, 
any fourteen years of residence within the United States 
would fill the requirement of this clause ; but there is little 
doubt that the term intended by the founders of the Constitu- 
tion was the fourteen years immediately preceding the 
election. 

Vice-President. The qualifications of vice-president are 
the same as those of president. This is perfectly proper, 
since the vice-president may, at any time, be called to the 
presidency. 

Article 5. — Oath 

Before he enter on the execution of his office, he shall 
swear or affirm, 

1. That he will faithfully execute the office of president 
of the United States; and 

2. That he -will, to the best of his ability, preserve, pro- 
tect and defend the constitution of the United States. 

This oath is administered to the president by the chief 
justice of the Supreme Court, and generally in the presence 
of thousands of people who have assembled to witness the 



THE EXECUTIVE BRANCH 257 

ceremony. As the Supreme Court had not been organized 
when Washington was inaugurated the oath was admin- 
istered to him by Chancellor Livingston, of New York. 

Clause 6. — Vacancies 

In case of the removal of the president from office, or of 
his death, resignation, or inability to discharge the powers 
and duties of the said office, the same shall devolve on the 
vice-president, and the congress may by lazv provide for the 
case of removal, death, resignation, or inability, both of the 
president and vice-president, declaring what officer shall then 
act as president, and such officer shall act accordingly, until 
the disability be removed, or a president shall be elected. 

Presidential Succession. Three years after the adop- 
tion of the Constitution, congress passed a law which named 
the president pro tempore of the senate and the speaker 
of the house of representatives as the officers in the line of 
succession to the presidency, in case of the inability of both 
president and vice-president to serve. 

By the death of President Garfield, Chester A. Arthur 
succeed to the presidency. It so happened that congress had 
not been called to meet in special session in March, 1881, 
and so neither house had organized. There was, therefore, 
no president pro tempore of the senate, nor speaker of the 
house. The question was often asked in those days, "Who 
will become president, in case President Arthur should die ?" 

Present Law. Four years later Vice-President Hendricks 
died, and there was neither a president pro tempore of the 
senate nor a speaker of the house. Congress, on assembling, 
considered several propositions relating to the line of suc- 
cession to the presidency, and in 1886 adopted the following 
plan: 



258 IOWA AND THE NATION 

In case of the inability of both president and vice-president 
to serve, the members of the president's cabinet were desig- 
nated to succeed to the presidency in the order named, 
provided they are eligible to the office of president by 
election. 

1. Secretary of state. 

2. Secretary of the treasury. 

3. Secretary of war. 

4. Attorney-general. 

5. Postmaster-general. 

6. Secretary of the navy. 

7. Secretary of the interior. 

The offices of secretary of agriculture and secretary of 
commerce and secretary of labor were not created until 
after the change in the succession to the presidency was 
made. 

Effect of Lazv. The vice-president becomes president 
on the death, resignation, or removal of the latter, and he 
serves for the remainder of the term. A cabinet officer 
who succeeds to the presidency will serve till a new presi- 
dent has been elected, or, in other words, for the remainder 
of the term. 

Presidents William Henry Harrison, Zachary Taylor, 
Abraham Lincoln, James A. Garfield and William McKinley 
died in office, and were succeeded by the vice-president in 
each case. Had President Johnson been convicted on 
impeachment and removed from office, the presidency would 
have passed to the president pro tempore of the senate. No 
cabinet officer has ever been called upon to act as president. 

Clause /\ — President's Salary 

The president shall, at stated times, receive for his services 
a compensation which shall be neither increased nor dimin- 



THE EXECUTIVE BRANCH 259 

ished during the period for which he shall have been elected, 
and he shall not receive within that period any other 
emolument from the United States or any of them. 

Salary. The salary of the president is $75,000 a year. 
and he has the use of the executive mansion, or "White 
House," which is furnished and cared for at the expense 
of the government, and $25,000 a year for traveling 
expenses to be used at his discretion. The vice-president 
receives $12,000 a year salary, and the president pro tempore 
of the senate the same amount, if called upon to preside 
during a session of congress, but otherwise his salary is 
the same as that of other senators. The salary of nearly 
all government officers is paid monthly. 

Expenses. To many persons the salaries of president, 
congressmen, judges and other officers of the government 
seem large, but the expenses connected with these offices 
are so great, that many of the officers are not able to save 
anything from their salaries. Few of the presidents of the 
United States have accumulated any property while in 
office. 

European Rulers. King George Y is allowed a salary 
amounting to nearly $2,000,000 a year, and an additional 
allowance of $350,000 is made to the other members of 
the royal family. The other European nations pay large 
sums of money annually for the support of their rulers. 

Section II. Powers of the President 

Clause I 

The president shall be commander-in-chief of the armx 
and nary of the United States, and of the militia of the 
several states, zclien called into the actual service of the 
United States; he may require the opinion, in writing, of 



260 IOWA AND THE NATION 

the principal officer in each of the executive departments, 
upon any subject relating to the duties of their respective 
offices, and he shall have power to grant reprieves and 
pardons for offenses against the United States, except in 
cases of impeachment. 

The president is not required or expected to take com- 
mand of the land or naval forces of the United States, in 
person, but the Constitution does not prohibit him from 
doing this, if he should desire to do so. In time of war, 
military officers are appointed to the command of the 
different divisions of the army and navy, and the president 
exercises only general supervisory powers over their actions. 

Departments of Government 

Origin. In the Constitutional Convention, it was urged 
by some members that the chief executive power should be 
vested in a council instead of in one person. While no 
action was taken with a view to the organization of a 
cabinet of advisers for the president, the language of this 
clause seems to imply that the government would be 
separated into departments for the proper ' enforcement 
of its laws. 

There are now ten departments of the executive branch 
of our government. The title and the date of organization 
of each department are here given. 

Department of State, September, 1789. 
" Treasury, " 

a War 

Postoffice Department, 
Department of Navy, May, 1798. 

" Interior, March, 1849. 

" Justice, June, 1870. 







< 

H 

Q 

5 



THE EXECUTIVE BRANCH 261 

Department of Agriculture, February, 1889. 

" Commerce and Labor, January, 1903. 
" Labor, March, 1913. 

Department of State. The secretary of state is usually 
considered the highest officer in the cabinet, probably on 
account of the nature of his work. Under the direction of 
the president, he carries on the correspondence of the nation 
with foreign powers. He is the custodian of the great seal 
of the United States with which he seals all state papers 
signed by the president and countersigned by him. All 
laws of congress, amendments to the Constitution, and 
various proclamations of the president are published under 
his direction. 

Treasury Department. The secretary of the treasury 
is the legal adviser of the president in all matters relating 
to the finances of the nation. He proposes plans for rais- 
ing the necessary revenue for the support of the government, 
and the collection of all public money is entrusted to his 
care. He also furnishes annually to congress estimates of 
the probable receipts and expenditures of the government 
for the ensuing year. 

Bureaus. Several important bureaus, or sub-departments 
of the government, are placed in charge of the secretary of 
the treasury. This is doubtless due to the fact that large 
sums of money are needed to carry on these special lines 
of work, and this officer should be familiar with their needs, 
in order to be able to make proper recommendations con- 
cerning the funds required to carry on their work. 

Treasurer of) United States. The treasurer of the United 
States is one of the principal officers of this department, 
and the money of the government is received and disbursed 
by him and his assistants as required by law. The commis- 
sioner of internal revenue, who also belongs to this depart- 
ment, superintends the collection of revenue of this kind 



262 IOWA AND THE NATION 

and sees to the enforcement of the internal revenue laws. 
The other bureaus are under the control of commissioners or 
superintendents who are under the general direction of the 
secretary of the treasury. 

Department of War. The secretary of war is the chief 
officer of the department of war, and his duties are per- 
formed under the direction of the president. Certain gen- 
eral powers are conferred upon him by law. He makes 
estimates for the necessary expenses of his department, 
superintends the purchase of supplies for the army, and 
has charge of all matters pertaining to the improvement 
of rivers and harbors. To aid him in the discharge of his 
duties, certain assistants are appointed to take charge of 
special parts of the work of his department. 

Department of the Navy. To the head of this depart- 
ment is entrusted the general supervision of the navy, under 
the direction of the president. He has the care of con- 
structing the war vessels of the government, and he sees 
that they are properly manned, armed, and equipped for 
service. The navy-yards of the government, and the marine 
corps, are controlled by him. 

Postoffice Department. The postmaster-general is 
in charge of the postal affairs of the government. He 
appoints all the subordinate officers of the postoffice depart- 
ment, except the first four assistants and postmasters whose 
salary exceeds $1,000 a year. The amount of work done 
by this department is enormous. It includes the purchase 
of supplies for the postmasters and other postal employees 
of the United States, the printing of stamps and postal 
order blanks of all kinds, the supervision of the dead letter 
office, the railway and foreign mail service, the parcel post, 
the letting of contracts for carrying the mail, and, in fact, 
everything connected with the proper distribution of the 
correspondence of the people of the nation. 



THE EXECUTIVE BRANCH 263 

Department of Justice. The attorney-general is at 
the head of this department. He is legal adviser of the 
president and the members of the cabinet, and he is required 
to give general direction to attorneys and marshals in the 
different districts of the United States. The office of 
attorney-general was created in 1789, but the department 
of justice was not organized until 1870. 

Department of the Interior. This is one of the most 
important departments of the executive branch of our gov- 
ernment. The secretary of the interior is its chief officer, 
and under his direction all public business relating to pen- 
sions, patents and the census is carried on. He has the 
care of the national parks of the United States, and the dis- 
tribution of all appropriations for agricultural and mechan- 
ical colleges endowed by the general government. The 
commissioner of the general land office, commissioner of 
Indian affairs and commissioner of education are some of 
the important officers of this department. 

Department of Agriculture. The department of agri- 
culture was established in 1889. Its highest officer is the 
secretary of agriculture, and he is required to attend to all 
public business relating to farming. The agricultural exper- 
imental stations of the country that receive any support 
from the general government are placed under his charge. 
Many valuable experiments in the culture of grain, fruit 
and vegetables are performed by this department, and the 
result of them is distributed to interested persons free of 
charge. 

Department of Commerce. This department was 
created by act of congress, passed January 17, 1903. Its 
organization was the result of much discussion in business 
circles of the United States covering a period of more than 
twenty years. The purpose of the law is as follows : — It 
shall be the province and duty of said department to foster, 



264 IOWA AND THE NATION 

promote and develop the foreign and domestic commerce, 
the mining, manufacturing, shipping and fishery industries, 
the labor interests and the transportation facilities of the 
United States. The chief officer of this department is called 
the secretary of commerce and he is a member of the presi- 
dent's cabinet. 

Interstate Commerce Commission. This commission 
consists of five members who are appointed by the president 
and confirmed by the senate. It has charge of the inter- 
state commerce of the country, for the correction of abuses 
in the transportation of goods from one state to another. 
It has the power to call for reports from the railroad com- 
panies of the country as to their business in general, and 
specially with reference to the charges made for carrying 
goods different distances. The work of this commission is 
growing in importance and value to the people of the coun- 
try, and many abuses in domestic commerce have been cor- 
rected by it. The commission was organized in 1887. The 
annual salary is $10,000. 

Department of Labor. The department of commerce 
and labor was separated into two departments in 1913. 
The work of each department is indicated by the title. The 
secretary of labor is a member of the president's cabinet, 
making the tenth member of that body. 

Term of Cabinet Officers. The members of the cabinet 
are appointed for the presidential term, but in case of the 
death of the president it is customary for the cabinet to 
place their resignations in the hands of his successor, at 
once. The salary of each cabinet officer is $12,000 a year. 

Clause 2. — Consent of Senate 

He shall have power, by and with the advice and consent 
of the senate, to make treaties, provided that two-thirds of 



THE EXECUTIVE BRANCH 265 

the senators present concur, and he shall nominate, and 
by and with the advice and consent of the senate, shall 
appoint ambassadors, other public ministers and consuls, 
judges of the supreme court, and all other officers of the 
United States, whose appointments are not otherwise herein 
provided for, and which shall be established by law; but 
congress may by law vest the appointment of such inferior 
officers as they may think proper, in the president alone, in 
the courts of lazv, or in the heads of departments. 

Treaties. The power of a nation to make treaties is 
often called a sovereign power. It was feared that a rash 
president, acting under impulse, might be led to exercise 
the treaty-making power, if vested in him, in an improper, 
or unsatisfactory, manner. On this account, the concur- 
rence of the senate, by a two-thirds vote of the members 
present, is necessary to ratify a treaty of any kind between 
the United States and a foreign power. 

Appointments. All important offices of the govern- 
ment, except those filled by election as provided for in the 
Constitution, are filled by appointment by the president, 
with the approval of the senate. Filling these offices 
places a great burden on the chief executive and the presi- 
dent must rely in a great measure upon the judgment of 
heads of departments, and members of congress, as to the 
fitness of those appointed. If the senate refuses to con- 
firm an appointment, another must be made. 

Appointments are made for the presidential term, but the 
president may at any time remove any officers, and it is 
customary for appointed officials to retain their positions 
until their successors are appointed and qualified by the 
succeeding administration. 

Civil Service. Civil service is the term applied to the 
employees of the nation and state, not included in the mili- 



266 IOWA AND THE NATION 

tary, naval and judicial branches of the government. The 
civil service of the United States was established in 1883. 
The purpose of the act as declared in its title is "to regu- 
late and improve the civil service of the United States." 
The act provides for a commission of three members, a 
chief examiner and a secretary, all with offices at Washing- 
ton, D. C. 

The service is divided into classes such as the Depart- 
mental Service, the Customs Service, the Postal Service, 
etc. Applications should be made to the Civil Service Com- 
mission at Washington, stating the class which the applicant 
wishes to enter. The necessary blanks will then be for- 
warded to be filled out and returned to Washington, or to 
such branch office as may be designated. Applicants must 
be citizens of the United States and of proper age. (The 
age limit is fixed for each class.) Political or religious 
belief, sex or color do not affect the applicants' standing, 
but persons addicted to the use of intoxicating liquors to 
excess are not eligible. 

Applications are made through competitive examination. 
Two examinations a year are held, full directions for which 
can be obtained on application to the commission. The 
appointments are made on a six-months' trial. In 1915 there 
were about 470,000 government employees under civil 
service. 

Officials who receive their appointment by the president 

with the concurrence of the senate, judges of United States 

courts, private secretaries and other confidential employees 

of heads of departments are not included in the civil service. 

Clause 3. — Vacancies — How Filled 

The president shall have power to fill up all vacancies that 
may happen during the recess of the senate, by granting, 
commissions which shall expire at the end of their next 
session. 



THE EXECUTIVE BRANCH 267 

This clause was considered necessary in order that official 
positions in which vacancies occur may be filled by the chief 
executive during the time the senate is not in session. The 
appointment runs to the close of the next session of the 
senate, in order not to compel that body to change its plan 
of business, or to oblige it to reach a decision in the appoint- 
ment of officers at any specified time. 

Section III. Duties of the President 

He shall from time to time give to congress information 
of the state of the Union, and recommend to their considera- 
tion such measures as he shall judge necessary and expe- 
dient ; he may, on extraordinary occasions, convene both 
houses or either of them, and in case of disagreement 
between them, with respect to the time of adjournment, he 
may adjourn them to such time as he shall think proper; 
he shall receive ambassadors and other public ministers; 
he shall take care that the laws be faithfully executed, and 
shall commission all officers of the United States. 

President's Message. This report is called the Presi- 
dent's Message. Washington and Adams delivered their 
messages in the form of an address to congress, but Jeffer- 
son resorted to a written message and this plan was followed 
without exception, until Wilson's administration. President 
Wilson returned to the first plan and has delivered his 
messages in person. 

Special Session. Congress has been called in special 
session only a few times in our history, but the senate is 
often required to remain in session to confirm appointments, 
after the adjournment of the house of representatives. This 
often happens in the odd-numbered years, and especially 
those in which there is a change of president. The term of 



268 IOWA AND THE NATION 

office of representatives expires on the day the president is 
inaugurated and there may be no necessity for re-organizing 
the house at that time. The senate, by remaining in session 
a month or so at the beginning of the presidential term, 
can ratify the appointment of such officers as the president 
considers it necessary to name at that time. 

Diplomatic Corps. The appointment of ambassadors, 
ministers, consuls and other representatives of our govern- 
ment to foreign countries is an important duty, and it is 
of scarcely less importance that the official representatives 
of other nations should be properly received by the president. 

Enforcement of Laws. But the highest duty of the 
president is to see that the laws of the United States are 
properly enforced. The president cannot do this work 
alone, but, by the power vested in him, he commissions 
others to do the work. His work, officially, is to sign public 
documents, commissions, and other papers relating to the 
enforcement of the laws. 

He signs the commissions of all officers of the United 
States. These commissions are countersigned by the secre- 
tary of state, and sealed with the great seal of the United 
States. 

Section IV. Removal from Office 

The president, vice-president, and all civil officers of the 
United States, shall be removed from office on impeachment 
for, and conviction of, treason, bribery, or other high crimes 
and misdemeanors. 

The subject of impeachment is discussed on page 203. 

Treason. Bribery. Treason is defined by the Consti- 
tution in language clear and definite. Bribery is one of 
the most difficult crimes to punish because of the difficulty 
of detection. The person who gives, or even offers a bribe 



THE EXECUTIVE BRANCH 269 

is guilty of a crime, but the constitutional provision given 
above applies only to civil officers. The punishment for 
bribery is fixed by law and the penalties are very severe. 
Nearly all the states provide by law that any person found 
guilty of offering to purchase the influence of any officer 
or public agent by an offer of money, or other articles of 
value, is guilty of felony, and, in addition to other punish- 
ment, he is forever disqualified from exercising the right 
of suffrage, and from holding any position of honor, trust 
or profit, under the constitution or laws of the state. 

QUESTIONS AND SUGGESTIONS 

1. If a person of sound mind were confined in an insane 
asylum, how could he procure his release? 

2. Explain the difference between direct and indirect 
taxes. 

3. Who pays the duty on silk? On cotton goods? 

4. Is our present tariff a protective tariff? Give rea- 
sons for your answer. 

5. Can an American citizen receive a title of nobility? 
Has such a title ever been conferred upon an American ? 

6. Could Iowa form an alliance with Canada? With 
Minnesota ? 

7. Was the president of congress under the Articles of 
Confederation president of the United States ? 

8. Is there any law against a president's holding his 
office more than two terms? 

9. How many presidential electors has Iowa? 

10. Supposing the next president should be elected by 
the house of representatives, how many votes would be 
required to elect? 

11. Why was the present presidential succession law 
necessary? Has it ever been applied? 



270 IOWA AND THE NATION 

12. Debate : Resolved, that the members of the cabinet 
should have seats in congress and take part in the proceed- 
ings of that body. 

13. When was the parcel post established? Of what 
benefit is it to the country ? 

14. If you wished to become a mail carrier how would 
you proceed to secure the position? 

15. If the governor of Iowa should need the assistance 
of United States troops to quell an insurrection, what steps 
would he have to take to secure them? 

16. Can the president order the Iowa National Guards 
into Illinois to quell an insurrection? 

17. Debate : Resolved, that the president and vice- 
president of the United States should be elected by direct 
vote of the people. 

18. If you were to travel abroad and desired a passport, 
to whom would you apply for it? 

19. Can the president be required to enforce a law 
passed over his veto? 

20. Debate: Resolved, that a direct tax is more just 
than an indirect. 



CHAPTER VIII 

ARTICLE III 
Judicial Department 

Necessity. A judicial branch of the government was 
an absolute necessity. Under the Articles of Confederation, 
there was no tribunal to interpret the laws of congress, or 
to decide cases of law and equity between the states or the 
inhabitants thereof. 

An effort was made to make this branch of the govern- 
ment as nearly independent of the other two branches as 
possible. To prevent the judges of the principal courts 
from feeling any dependence upon any other authority, these 
officers are appointed for a longer term than those of either 
of the other branches. 

Section I. Organization 

The judicial power of the United States shall be vested in 
one supreme court, and in such inferior courts as the con- 
gress may from time to time ordain and establish. The 
judges, both of the supreme and inferior courts, shall hold 
their offices during good behavior, and shall at stated times 
receive for their services a compensation which shall not 
be diminished during their continuance in office. 

Supreme Court. The supreme court of the United 
States is the highest judicial authority of the nation. At 
first, there were six judges of the supreme court, and this 

271 



272 IOWA AND THE NATION 

number was at one time increased to ten. As the court is 
often divided in opinion upon subjects referred to it for set- 
tlement, it was found advisable to have an odd number of 
judges compose the court. The number was then reduced 
to nine, which it now is, and any six members constitute a 
quorum. The decision of a majority of the court is the 
decision of the court. If any member objects to a decision 
that has been made by the court, he is privileged to render 
a minority opinion, differing from the action of the major- 
ity. One term of the supreme court is held at Washington 
each year, beginning on the first Monday in December. 

Chief Justice. One of the members of the supreme court 
is known as the chief justice, and the other eight, as asso- 
ciate justices. If a vacancy occurs in the office of chief 
justice, the position is filled by appointment in the usual 
way, and thus it sometimes happens that a person who has 
had no experience as judge of any court may be appointed 
chief justice of the United States supreme court. 

Tenure of Office. Judges of the supreme court and sev- 
eral of the inferior courts are appointed to serve during 
good behavior. This provision is certainly a wise one, as 
it insures impartial decisions. If judges were appointed 
for a short time of service, they might be influenced by an 
undue desire for re-election, and their decisions might be 
modified, more or less, on that account. 

Retirement. Judges, whose tenure of office is good 
behavior, may retire from active service on arriving at the 
age of seventy, provided they have had at least ten years' 
service in the position to be resigned. They receive full 
salary for the remainder of their lives. 

Attorney-General. The attorney-general is at the head 
of the Department of Justice and a member of the presi- 
dent's cabinet. His duties consist in appearing before the 
supreme court as a lawyer to defend the interests of the 



JUDICIAL DEPARTMENT 273 

United States, and in furnishing the president and heads 
of departments of the government legal opinions upon ques- 
tions submitted to him. 

Circuit Courts. Congress has provided for such infer- 
ior courts as have been found necessary. The circuit courts 
are inferior only to the supreme court. The United States 
is separated into nine judicial circuits, and a justice of the 
supreme court is assigned to each of these circuits as cir- 
cuit judge e.v-officio. It is the duty of the justice of the 
supreme court to hold one session of circuit court at every 
place in his circuit where such court is held, at least once 
in two years. 

Judges. Two circuit judges are also appointed for 
each of the circuits of the United States. Their time is 
occupied with the duties of their office, except as explained 
hereafter. The tenure of office of circuit judges is prac- 
tically for life, as the only limitation fixed by the constitu- 
tion for judges in general is "during good behavior." An 
additional circuit judge is appointed for the second, third, 
fifth, sixth, eighth, and ninth circuits, on account of the 
vast amount of business to be done by this court in those 
districts. 

Judicial Circuits. The circuits of the United States are 
as follows : 

1. Maine, New Hampshire, Massachusetts, and Rhode 
Island. 

2. Vermont, Connecticut, and Xew York. 

3. Xew Jersey, Pennsylvania, and Delaware. 

4. Maryland, West Virginia, Virginia, Xorth Carolina, 
and South Carolina. 

5. Georgia, Florida, Alabama, Mississippi. Louisiana, 
and Texas. 

6. Ohio, Michigan, Kentucky, and Tennessee. 

7. Indiana, Illinois, and Wisconsin. 



274 IOWA AND THE NATION 

8. Minnesota, Iowa, Missouri, Arkansas, Nebraska, 
Kansas, Colorado, North Dakota, South Dakota, Wyoming, 
Utah, New Mexico, and Oklahoma. 

9. California, Oregon, Nevada, Montana, Washington, 
Arizona, and the territories of Alaska and Hawaii. 

Circuit Court of Appeals. In 1891, congress authorized 
a circuit court of appeals for each judicial circuit of the 
United States. The judge of the supreme court, the circuit 
and district judges of any circuit are made the judges of 
this court. When the court has been organized with a full 
bench, there are present, the judge of the supreme court 
assigned to that circuit, either circuit judge of the circuit, 
and any of the district judges within the circuit. Any two 
such judges constitute a quorum, and they may transact 
regularly all the business of the court. 

Presiding Officer. The judge of the supreme court, if 
present, serves as the presiding officer of the circuit court of 
appeals, but in his absence, the court is presided over by 
the circuit judge present who has had the longest term of 
service. 

Sessions. One term of this court is held annually, and 
the place of meeting in each circuit is designated by law as 
follows : 

First Circuit, Boston ; 

Second Circuit, New York; 

Third Circuit, Philadelphia; 

Fourth Circuit, Richmond; 

Fifth Circuit, New Orleans; 

Sixth Circuit, Cincinnati ; 

Seventh Circuit, Chicago ; 

Eighth Circuit, St. Louis; 

Ninth Circuit, San Francisco. 

Purpose. This court was designed as a means of reliev- 
ing the supreme court of the United States, and also the 



JUDICIAL DEPARTMENT 275 

existing circuit courts. Both of these courts had been 
crowded with business, which was delayed year after year, 
and some relief became absolutely necessary. 

Appeals. The most important provision of the law relat- 
ing to the jurisdiction of the circuit court of appeals is, 
that no appeal shall hereafter be taken from the district 
courts to the existing circuit courts. Such appeals may be 
taken to the supreme court or to the circuit court of appeals. 
Appeals in certain cases may be made from the regular cir- 
cuit court to the circuit court of appeals, but the judge 
before whom any cause was tried in the lower court is 
prohibited from serving as a judge of the composite court. 

District Court. . Each judicial circuit is separated into 
several districts, and there is a district judge appointed for 
each district. Judges of this court are appointed to serve 
during good behavior. Their appointment is made in the 
same manner as the other United States judges, and they 
are given the same privilege of retiring from active service 
at a specified time. 

District Attorney. Each judicial district has a district 
attorney appointed by the president to represent the govern- 
ment in cases arising in the district and circuit courts. 

Other Officers. Each district has a United States mar- 
shal, whose duties correspond, in general, to those of county 
sheriff. The district attorneys and marshals are appointed 
for an indefinite time, although the term is nominally four 
years, and a change of the political party in power generally 
brings about a change of all these officers. Each court also 
has a clerk who is appointed by the judge of that court. 
Each principal names such assistants as are necessary to 
aid him in the discharge of his duties, and he is responsible 
for the work done by them. 

Court of Claims. This court was established in 1855, 
and it has an important work to perform. It has jurisdic- 



276 IOWA AND THE NATION 

tion over certain claims against the United States which 
involve disputed points of law, " where the amount claimed 
exceeds three thousand dollars, or where the decision will 
effect a class of cases or furnish a precedent for the action 
of any executive department in the adjustment of a class 
of cases, or where any authority, right, privilege, or exemp- 
tion is claimed or denied under the Constitution." 

The chief of any department may refer to this court any 
claim that it may have pending, and it then becomes the 
duty of the court to look up the law involved and give its 
opinion as to the validity of the claim. The departments 
are thus relieved of much business that can be done in a 
more careful manner by the court of claims. Congress also 
refers certain claims to this court for investigation. 

If a claim brought against the United States is examined 
by the court of claims and allowed, the amount is paid out 
of the treasury of the United States without a special appro- 
priation by congress. Claims referred to this court by any 
department or by congress are not allowed by the court, 
but its recommendations in such cases are generally fol- 
lowed. 

Membership. The court consists of five members, and 
the concurrence of three members is necessary to decide 
a case. The regular annual sessions are held at Washing- 
ton, beginning on the first Monday in December. Claims to 
be settled by this court must be commenced within six 
years from the time they originated. 

Supreme Court of District of Columbia. The supreme 
court of the District of Columbia is an important court. 
It has charge of such cases as are tried in the circuit and 
district courts of the United States, but its jurisdiction is 
limited to the district. It consists of a chief justice and five 
associates. There is also a court of appeals of the District 
of Columbia, consisting of three members, one of whom is 



JUDICIAL DEPARTMENT 277 

known as the chief justice. The term of office of these 
judges is during good behavior. 

Territorial Courts. The outlying possessions of the 
United States — Alaska, Hawaii, the Philippine Islands and 
Porto Rico — have territorial courts. Each territory is 
divided into judicial districts, the judges for which are 
appointed by the president. The judges of the territory 
sitting together constitute the Supreme Court of the terri- 
tory. Cases appealed from the district courts are examined 
by the supreme court. When the court consists of an even 
number of judges the division of one-half the number is 
the division of the court, otherwise a majority is required 
for a decision. The term of the judges is four years, but 
their term expires with the admission of the territory as a 
state. 

Salaries. The salaries of all officers of the judicial 
branch of our government are fixed by act of congress, 
and are payable monthly. 

Supreme Court. The salary of the chief justice of the 
supreme court is $15,000 a year, and that of the associate 
justices, $14,500. The justice of the supreme court who 
serves as circuit judge in the ninth circuit is allowed $1,000 
a year as additional compensation for traveling expenses. 

Circuit and District Judges. Circuit judges and judges 
of the circuit court of appeals are paid $7,000; district 
judges, $6,000. 

Other Courts. The chief justice of the court of claims 
receives $6,500 and the associate justices $6,000. The chief 
justice of the court of appeals, District of Columbia, 
receives $6,500 and the associate justices $6,000. The chief 
justice of the supreme court of the District receives $5,500 
and the associate justices $5,000. 

Time and Place of Meeting. The terms of the circuit 
and district courts of the United States are held in the 



278 IOWA AND THE NATION 

several divisions of the northern district of Iowa as fol- 
lows : — In the Cedar Rapids division, at Cedar Rapids, on 
the first Tuesday in April, and the second Tuesday in Sep- 
tember. In the eastern division, at Dubuque, on the fourth 
Tuesday in April, and the first Tuesday in December. In 
the western division, at Sioux City, on the fourth Tuesday 
in May, and the first Tuesday in October. In the central 
division, at Fort Dodge, on the second Tuesday in June, and 
the second Tuesday in November. 

In the southern district of Iowa, the terms are held as 
follows : — In the western division, at Council Bluffs, on 
the second Tuesday in March, and the third Tuesday in 
September. In the eastern division, at Keokuk, on the 
second Tuesday in April, and the third Tuesday in October. 
In the central division, at Des Moines, on the second Tues- 
day in May, and the third Tuesday in November. 

Section II. Jurisdiction of Courts 

Clause I. — Extent 

The judicial power shall extend to all cases, in lazv and 
equity, arising under this constitution, the lazvs of the 
United States, and treaties made or which shall be made, 
under their authority; to all cases affecting ambassadors, 
other public ministers, and consuls; to all cases of admiralty 
jurisdiction; to controversies to which the United States 
shall be a party; to controversies between two or more 
states; beween a state and citizens of another state ; between 
citizens of different states; betzveen citizens of the same 
state claiming lands under grants of different states, and 
betzveen a state or the citizens thereof, and foreign states, 
citizens, or subjects. 



JUDICIAL DEPARTMENT 279 

Jurisdiction. This clause was intended to define in 
general terms the jurisdiction of the courts of the United 
States, but, as will be seen, there is no division of authority 
made by the Constitution. The supreme court determines 
the constitutionality of laws passed by congress, when an 
appeal has been made to it, in a proper manner, from a lower 
court. 

Lazv. Equity. Cases of law are generally under the 
original jurisdiction of the inferior courts, subject to appeal 
to the supreme court, as provided in the clause relating 
to that court. Equity cases are those which are not covered 
by express terms of any law, but are such as, in justice, 
demand settlement by the courts of the land. 

Kinds of Jurisdiction. Jurisdiction is original, appellate, 
concurrent, or exclusive. When a suit must be commenced 
in a certain court, that court is said to have original juris- 
diction over the matter. If a case that has been decided 
by one court may be appealed to a higher court, the latter 
is said to have appellate jurisdiction. If a suit may be com- 
menced in either of two courts, at the option of the plaintiff, 
the courts have concurrent jurisdiction. And when a case 
may be settled by the court in which it is first examined, 
and from whose decision there is no appeal, the jurisdiction 
is exclusive. 

Clause 2. — Jurisdiction of the Supreme Court 

In all cases affecting ambassadors, other public ministers, 
and consuls, and those in which a state shall be a party, the 
supreme court shall have original jurisdiction. In all the 
other cases before mentioned, the supreme court shall have 
appellate jurisdiction, both as to law and fact, with such 
exceptions and under such regulations as the congress shall 
make. 



280 IOWA AND THE NATION 

Supreme Court. In the class of cases mentioned in the 
first sentence, the Supreme Court alone has jurisdiction. 
The decision of this court is final. Certain cases may be 
settled by the inferior courts, and from their decision there 
is no appeal, but, as a rule, a party aggrieved by the decision 
of a lower court may appeal to the Supreme Court. 

Circuit Court. In general, the circuit courts of the United 
States have original jurisdiction over civil cases in which 
the amount of money or the value of property involved is 
not less than $2,000. It is also a court of equity, and a 
court for the trial of cases arising under the patent and 
copyright laws of the United States. 

District Court. The district courts of the United States 
are entrusted with the punishment of crimes committed in 
violation of United States law. They have general juris- 
diction over admiralty cases, crimes committed on the high 
seas, counterfeiting, violations of the revenue laws, and 
bankruptcy. 

Section III. Treason 

Clause I. 

Treason against the United States sliall consist only in 
levying war against them, or in adhering to their enemies, 
giving them aid and comfort. No person shall be convicted 
of treason unless on the testimony of two witnesses to the 
same overt act, or on confession in open court. 

This definition of treason is a clear one, requiring little 
explanation. It is understood by the term "overt act," that 
some definite act of treason must be done to bring a person 
under penalty for treason. The mere conspiring against 
the government or entering into a plot to subvert its author- 
ity is not treason. There must be two witnesses who tes- 



JUDICIAL DEPARTMENT 281 

tify to the same overt, or public, act of treason, or the 
offender must confess his crime in open court, in order 
that there may be conviction. 

Clause 2. — Punishment 

The congress shall hare power to declare the punishment 
of treason, but no attainder of treason shall work corrup- 
tion of blood or forfeiture except during the life of the 
person attainted. 

This prohibition upon congress to pass a bill of attainder 
of treason seems a strange one to us in these days of per- 
sonal liberty, but not many generations before the adoption 
of the Constitution, parliament passed very severe laws for 
the punishment of treason among British subjects. The 
person deemed guilty of treason was often seized and put 
to death with great cruelty, his property was confiscated 
by the crown, and his legal heirs were declared to be dis- 
qualified from inheriting or transmitting property. This 
clause shows the growth of liberal sentiment in matters of 
government. 

Clause 3. — Crimes 

The trial of all crimes, except in cases of impeachment, 
shall be by jury, and such trial shall be held in the state 
where said crimes shall have been committed; but when not 
committed within any state, the trial shall be at such place 
or places as congress may by law have directed. 

Jury Trial. The right to a trial by jury in criminal 
cases is guaranteed to all persons accused within the United 
States. This rule applies in all such cases, whether in vio- 
lation of state or national law. In colonial times, persons 
accused of crimes were taken to England to be tried. This 



282 IOWA AND THE NATION 

was considered very unjust, and this practice was one of 
the causes of the Revolution. Impeachment is excepted, 
because the Constitution provides the method by which such 
cases are to be disposed of. 

Punishments. Congress has provided by law for the pun- 
ishment of offenses committed in the territories, and in 
other places subject to the authority of the general govern- 
ment, but not under state control. The states are given 
control of their boundary rivers to the middle of the main 
channel for the purpose of preventing them from becoming 
a highway of escape for criminals. 

QUESTIONS AND SUGGESTIONS 

1. If a person were arrested for passing counterfeit 
money, in what court would he be tried ? 

2. John Jones sent Henry Smith a letter by mail chal- 
lenging him to fight a duel. To what official should Smith 
apply to secure Jones's arrest and trial for violating the 
postal laws? 

3. What justice of the supreme court presides over the 
circuit court in your circuit? 

4. Who are the justices of the supreme court? Who 
is chief justice? 

5. If you should sue the state of Iowa, in what court 
would the case be tried? 

6. What body decides whether or not an act of congress 
is constitutional? 

7. Who appears for the United States when the govern- 
ment is party to a case on trial before the supreme court? 

8. Could a justice of the supreme court of Iowa preside 
over a United States court? 

9. Debate: Resolved that trial by jury should be 
abolished. 









CHAPTER IX 

ARTICLE IV 

THE RELATIONS OE THE STATES 

Section I. State Records 

Full faith and credit shall be given in each state to the 
public acts, records, and judicial proceedings of every other 
state. And the congress may by general laws prescribe the 
manner in which such acts, records, and proceedings shall 
be proved, and the effect thereof. 

Value. This provision served to place the states on 
a friendly footing. In no other way could the founders of 
the Constitution hope to establish justice among the states. 
So valuable has this clause proved, that the decision of a 
suit at law in one state is very often made the basis of 
settlement of a similar case in another state. 

Illustration. Each state may have its own statutes relat- 
ing to records of different kinds. For example, South 
Dakota requires two witnesses to the signature of persons 
deeding real estate, in addition to the proper acknowledg- 
ment of the signatures before some officer authorized to 
take such acknowledgment. In Iowa, no witnesses are 
required. A resident of South Dakota, wishing to deed 
land he may own in Iowa, must comply with the Iowa law, 
and a person in Iowa, to properly deed land in South 
Dakota, must comply with the law of the latter state. 

283 



284 IOWA AND THE NATION 

Certified Records. Certified copies of records and judicial 
proceedings may be sent from one state to another to be 
used in evidence, and, if properly certified, they have the 
same force and effect as though they had occurred in the 
state in which they are to be used by transcript. 

Section II. Relations of Cm. .ens 
Clause I. — Citizens 

The citizens of each state shall be entitled to all privileges 
and immunities of citizens in the several states. 

This clause was the outgrowth of the bitter experience 
of some of the states in their dealings with their neighbors. 
Petty jealousies caused some of the states to deny to the 
surrounding states certain privileges that were granted to 
the citizens of more remote states. The wisdom of this 
clause is apparent. 

Clause 2. — Fugitives from Justice 

A person charged in any state with treason, felony, or 
other crime, who shall flee from justice, and be found in 
another state, shall, on demand of the executive authority 
of the state from which he fled, be delivered up, to be 
removed to the state having jurisdiction of the crime. 

Requisition. The demand of the executive authority 
of a state for the surrender of an escaped criminal is called 
a requisition and the official papers are known as requisition 
papers. Criminals fleeing from justice often cross the 
boundary line of a state for the purpose of gaining time, 
as a warrant issued in one state can not legally be served in 
another. The governor of a state seldom refuses to grant 
the request made in a requisition, although that sometimes 



THE RELATIONS OF THE STATES 285 

happens. If it were not for this provision crime would be 
much more frequent than it now is. 

Extradition. The plan of giving up criminals, when 
application has been made in the proper manner, is often 
resorted to by nations. The laws relating to this subject 
are called extradition laws. The United States has made 
extradition treaties with many of the leading nations of 
the earth. 

Clause 3. — Fugitives from Service 

No person held to service or labor in one state, under the 
laws thereof, escaping into another, shall, in consequence 
of any law or regulation therein, be discharged from such 
service or labor, but shall be delivered up on a claim of the 
party to whom such service or labor may be due. 

This clause is obsolete owing to the abolition of slavery. 

Section III. New States and Territories 

Clause I. — The Admission of New States 

Nezv states may be admitted by the congress into this 
Union; but no nezv state shall be formed or erected zvithin 
the jurisdiction of any other state; nor shall any state be 
formed by the junction of two or more states or parts of 
states, without the consent of the legislatures of the states 
concerned, as well as of the congress. 

New States. There were thirteen states known as the 
original states at the time of the adoption of the Constitution. 
That instrument wisely made provision for the formation 
and admission into the Union of states from territory to 
be organized in the future. With the admission of Arizona 
and New Mexico in 1912, the boundaries of the United 



286 



IOWA AND THE NATION 



States proper disappeared. The Federal Union now includes 
48 states and no contiguous territories. 

Territorial Growth. The territorial growth of the 
United States is one of the most remarkable phases of 
modern history. The chief facts concerning their growth 
are shown in the following table : 



Territorial 
Division 


Year 


Area 
Added 
(sq. M.) 


Purchase 
Price 




1803 
1819 
1845 
1846 
1848 
1853 
1867 
1897 
1898 
1898 
1898 
1899 
1901 
1903 


875,025 

70,107 

389,795 

288,689 

523,802 

36,211 

590,884 

6,449 

3,435 

210 

114,958 

77 

68 

474 

2,900,184 

827,844 

3,728,028 


$15,000,000 
5,499,768 


Florida .... 


Texas 


Oregon Territory' 




Mexican Cession 


18,250,000 


Gadsden Purchase 


10,000,000 


Alaska 


7,200,000 


Hawaiian Islands . 


Porto Rico 




Guam 




Philippine Islands . 


20,000,000 


Tutuila (Samoa Is ) 


Additional Philippines 


100,000 


Panama Canal Strip 

Total 


$77,039,768* 


Original Territory 




Total 









*This does not include $10,000,000 paid to Texas for territory out- 
side of its present boundaries, but included in the state at the time 
of annexation. 



Alaska and Hawaii. Alaska and Hawaii are organized 
territories. The governor, secretary and judges of the 
courts are appointed by the president. The governor and 
secretary appoint the officers in their respective departments. 
Each territory has a legislature of two branches, and sends 
a delegate to Congress. These delegates may take part in 



THE RELATIONS OF THE STATES 287 

discussions of matters pertaining to the welfare of territories 
of the United States, but they have no vote. Their salary 
is the same as that of representatives. 

Other Insular Possessions. Porto Rico and the Philippine 
Islands are not organized territories, but their form of gov- 
ernment is similar to that of a territory. Each has a com- 
mission appointed by the President of the United States, 
some members being taken from the United States and 
others from the islands. The legislature in the Philippines 
consists of the Philippine Assembly, the members of which 
are chosen at a general election. The legislature in Porto 
Rico consists of the executive council or upper house, 
composed of the governor, secretary, attorney-general, 
treasurer, auditor, commissioner of education and five citi- 
zens appointed by the president, and the house of delegates 
or lower house elected by the people. 

Guam and Tutuila are small islands in the Pacific Ocean, 
the latter being one of the Samoa Islands. The governor 
for each is a naval officer nominated by the Navy Depart- 
ment, and appointed by the president. The Wake Islands 
lie between Hawaii and Hong Kong. They are an important 
submarine cable station. The Midway group is occupied 
by a company of telegraphers. 

Panama Canal Zone. Civil government in the Canal 
Zone is administered by a governor appointed by the presi- 
dent. For purposes of administration the government is 
divided into the following departments : Executive, Opera- 
tion and Maintenance, Supplies, Accounting, Health, 
Washington Office, Panama Railroad. Col. George W. 
Goethals, the builder of the canal, was appointed the first 
governor. 

Change from Territory to State. Should Alaska and 
Hawaii desire to become states they would have to take the 
following steps to secure admission into the Union : 



288 IOWA AND THE NATION 

1. The delegate from the territory desiring admittance 
would present this desire to congress. 

2. If congress approved an enabling act would be 
passed, authorizing the territory to call a convention to 
frame a constitution. 

3. This constitution would be submitted to the people of 
the territory and voted upon. If adopted the constitution 
would 

4. Be submitted to the president and to congress for 
approval. 

5. Should the constitution be approved, congress would 
pass a law declaring the territory a state. 

6. The star indicating the admittance of a new state to 
the Union would be officially added to the flag on the Fourth 
of July following the passage of the act of admission. 

Section IV. State Government 

The United States shall guarantee to every state in this 
Union a republican form of government, and shall protect 
each of them against invasion, and on application of the 
legislature, or of the executive (when the legislature cannot 
be convened), against domestic violence. 

Control Necessary. In order that this clause may be 
properly enforced, congress must consent to the admission 
of a new state after the proposed constitution has been 
accepted by the people of the territory seeking admission. 
In case any rights or privileges of a free people are denied 
or abridged, or if the proposed constitution is objectionable 
for any other reason, congress may refuse to admit the 
territory as a state. The people of Iowa territory made 
three attempts to gain admission before their efforts were 
crowned with success. Congress passed a bill for the admis- 



THE RELATIONS OF THE STATES 289 

sion of Colorado in 1866, and another in 1867, but both 
were vetoed by President Johnson. 

Invasion. Insurrection. Since the states surrendered to 
congress the control of the army and navy of the nation, it 
is right that there should be some guaranty of protection to 
the states in case of invasion or insurrection. During the 
labor troubles of 1894, the president sent United States 
troops to Chicago to aid in suppressing the strikes. It is 
not often that troops have been needed for the purpose 
indicated in this section. 



CHAPTER X 

ARTICLE V 

Amendments to the Constitution 

The congress, whenever two-thirds of both houses shall 
deem it necessary, shall propose amendments to this consti- 
tution, or on application of the legislatures of two-thirds of 
the several states, shall call a convention for proposing 
amendments, which, in either case, shall be valid to all 
intents and purposes, as a part of this constitution, when 
ratified by the legislatures of three-fourths of the several 
states, or by conventions in three-fourths thereof, as the 
one or the other mode of ratification may be proposed by the 
congress; provided, that no amendment, which may be made 
prior to the year one thousand eight hundred and eight, 
shall, in any manner, affect the first and fourth clauses in 
the ninth section of the first article; and that no state, 
without its consent, shall be deprived of its equal suffrage 
in the senate. 

Processes. The Constitution provides two methods 
for its own amendment, but the first method has alone been 
tried. All the amendments that have been adopted were 
proposed by congress and ratified by the state legislatures. 
Nearly a thousand amendments have been proposed in con- 
gress, but only seventeen have been adopted. . 

Bill of Rights. That the Constitution was not entirely 
satisfactory to the people at the time of its adoption is shown 
by the fact that the first ten amendments were proposed by 
290 



AMENDMENTS TO CONSTITUTION 291 

congress at its first session. These amendments are often 
called the "Bill of Rights." They were ratified by the states, 
and declared to be a part of the Constitution in 1791. Twelve 
amendments were voted on at this time, but only ten of 
them received the approval of the states. 

Other Amendments. The eleventh amendment was 
adopted in 1798 and the twelfth in 1803. There were no 
other amendments until the close of the Civil War, when the 
thirteenth, fourteenth and fifteenth were adopted. These 
amendments virtually contain all clauses in the Constitution 
pertaining to slavery. "The thirteenth amendment freed 
the negro, the fourteenth made him a citizen, and the 
fifteenth gave him the right to vote." 

The sixteenth amendment, adopted in 1913, gives Congress 
the power to lay and collect taxes on incomes ; the seven- 
teenth, adopted in 1913, provides for the election of United 
States senators by the people. 

ARTICLE I 

Freedom Guaranteed 

Congress shall make no law respecting an establishment 
of religion, or prohibiting the free exercise thereof; or 
abridging the freedom of speech or of the press; or the 
right of the people peaceably to assemble and to petition the 
government for a redress of grievances. 

Religious and Political Freedom. One of the chief 
causes leading to the founding of English colonies in America 
was religious persecutions. Closely allied with this was 
political persecution, which caused citizens to be imprisoned 
and sometimes to suffer death for uttering or publishing criti- 
cisms on the government or any of the prominent officials. 
The members of the Constitutional Convention were keenly 



292 IOWA AND THE NATION 

alive to these conditions and determined that they should 
never become possible in the United States. 

This clause should not be interpreted, however, to confer 
a license to utter publicly anything of a slanderous nature, 
knowing such to be false. To guard against this, every 
state has enacted libel laws which hold the citizens thereof 
responsible for their public utterances. Under these laws 
the original party may bring suit for damages against the 
party making such false statements. Therefore public utter- 
ances tending to injure the character of another, whether 
as a public official or a private citizen, should be made with 



ARTICLE II 
Right to Bear Arms 

A well regulated militia being necessary to the security 
of a free state, the right of the people to keep and bear 
arms shall not be infringed. 

The subject of the militia has been discussed in another 
part of this volume. This amendment must not be con- 
strued to give individuals the right to carry concealed 
weapons. Such a practice is considered a dangerous one, 
and is made a misdemeanor by most of the states. 

ARTICLE III 
Quartering Soldiers 

No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner; nor in time of war, 
but in a manner prescribed by law. 

The "quartering act," passed by parliament, aroused the 
anger of the people of Massachusetts in the days preceding 



AMENDMENTS TO CONSTITUTION 293 

the Revolution. It is no wonder that the people desired to 
be secure against military interference in either peace or 
war. As we are not a warlike people, it has always been 
the policy of the government to make the military subordi- 
nate to the civil power. 

ARTICLE IV 

Security Against Unwarranted Searchers 

The right of people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches, and 
seizures, shall not be violated ; and no warrants shall issue 
but upon probable cause, supported by oath or affirm- 
ation, and particularly describing the place to be searched, 
and the persons or tilings to be seized. 

Search Warrant. If a person suspects that property 
which has been stolen from him is secreted in a certain 
place, he may go before a justice of the peace or other 
similar officer and swear out a search warrant. That is, he 
must take oath that he has good reason to believe that the 
missing property is there secreted. The search warrant 
will be placed in the hands of a sheriff or constable, and the 
search made as authorized by the warrant. General search 
warrants are prohibited by this amendment. 

ARTICLE V 

Life, Liberty and Property 

No person shall be held to answer for a capital or other- 
wise infamous crime unless on a presentment or indictment 
of a grand jury, except in cases arising in the land or naval 
forces, or in the militia, when in actual service in time of 
war, or public danger ; nor shall any person be subject for 



294 IOWA AND THE NATION 

the same offense to be twice put in jeopardy of life or limb ; 
nor shall be compelled in any criminal case to be a zvitness 
against himself, nor be deprived of life, liberty, or property, 
without due process of law; nor shall private property be 
taken for public use without just compensation. 

Purpose. This article applies to all the states, as well 
as to cases arising under United States law. Nearly all 
the states have incorporated this amendment in their con- 
stitutions. Offenses in the army, navy and militia are 
punished by court martial. 

Persons Accused. When a person accused of crime has 
been convicted and punished for the offense, he cannot 
be required to submit to another trial or punishment. In 
case of a disagreement of .a jury, the person accused will 
be held for a second trial. It is a wise provision that grants 
to a person accused of crime the right to remain silent, if 
he chooses. This is on the principle that every person 
charged with crime is considered innocent until he has been 
proved guilty. The right to a fair and impartial trial is 
also assured to every criminal. 

Property Condemned. Private property cannot be seized 
to satisfy debts or judgments, without due process of law. 
It sometimes becomes necessary to convert private property 
to the use of the public. Property thus taken is said to be 
condemned, and this can be done only by awarding to the 
owner just compensation for the property seized. 

ARTICLE VI 

Rights of Persons Accused 

In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial by an impartial jury of 
the state and district wherein the crime shall have been 
committed, which district shall have been previously ascer- 



AMENDMENTS TO CONSTITUTION 295 

tabled by law, and to be informed of the nature and cause of 
the accusation; to be confronted with the witnesses against 
him; to have compulsory process for obtaining witnesses 
in his favor; and to have the assistance of counsel for his 
defense. 

Fair Trial. It will be seen that it is the purpose of the 
constitution to give every person accused of crime the 
benefit of any reasonable doubt as to his guilt, and also to 
put him to as little inconvenience as possible in submitting 
to a trial. Not every person accused of crime is found 
guilty, and it is intended that innocent persons shall not be 
made to suffer for offenses committed by others. 

Judicial Districts. The districts referred to are designated 
by congress or by the state legislature. Iowa is separated 
into two United States judicial districts — northern and 
southern — and violators of the laws of congress are tried 
in the district in which the offense is committed. Each 
county is a district for judicial purposes in most of the 
states for the enforcement of state law. 

Rights of Accused. A person accused of crime must 
be informed of the nature of the offense, and he must also 
be confronted by the witnesses against him. Witnesses 
summoned in behalf of a person accused of crime are 
compelled to attend the trial, and counsel for the accused 
is also provided — at the expense of the state, if necessary. 
No pains will be spared to enable a person to show himself 
to be innocent of the crime with which he is charged, if it 
can be done. 

ARTICLE VII 

Jury Trial in Common-Law Suits 

In suits at common law, where the amount in controversy 
shall exceed twenty dollars, the right of trial by jury shall 



296 IOWA AND THE NATION 

be preserved ; and no fact tried by a jury shall be otherwise 
re-examined in any court of the United States, than accord- 
ing to the rules of common law. 

This doubtless is intended to apply to civil suits, and to 
any other cases not specially designated by preceding 
amendments. In the trial of any case, the judge or justice 
interprets the law as he understands it, and the jury 
arrives at the facts in the case, so far as they are brought 
out by the evidence. A new trial may be held before 
the same court for good cause shown. In the hearing 
of a case before a higher court on appeal, the facts,, as shown 
in the lower court may be examined for the purpose of 
determining whether the court's rulings have been properly 
made, and whether the law in the case has been properly 
applied, or not. 

ARTICLE VIII 

Excessive Bails, Fines and Punishments Forbidden 

Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishment inflicted. 

The language of this article is in harmony with the other 
amendments relating to punishments. Bail should not be 
excessive, and fines are intended to be commensurate with 
the nature of the offenses to be punished. Our courts are 
disposed to be lenient in dealing with criminals, and yet 
justice tempered with mercy is to be desired in many cases, 
rather than justice with undue severity. 

ARTICLE IX 
Rights Reserved 

The enumeration in the constitution of certain rights shall 
not be construed to deny or disparage others retained by 
the people. 



AMENDMENTS TO CONSTITUTION 297 

It is intended that all rights properly belonging to a free 
people shall be enjoyed by the inhabitants of the United 
States. This clause reserves to the people all their personal 
rights, except such as are specially surrendered for the 
common good by express provisions of the Constitution. 

ARTICLE X 

Limitations of the National Government 

The powers not delegated to the United States by the 
constitution, nor prohibited by it to the states, are reserved 
to the states respectively, or to the people. 

This amendment is so plain that its purpose is easily under- 
stood. By it we are to understand that any powers not 
specially delegated to the general government are reserved 
to the states respectively, or to the people. In other words, 
the powers of our national government are fully defined 
in the Constitution. 

ARTICLE XI 

Limit to Jurisdiction of United States Courts 

The judicial power of the United States shall not be 
construed to extend to any suit in law or equity, commenced 
or prosecuted against one of the United States by citizens of 
another state, or by citizens or subjects of any foreign state. 

By this amendment it is provided that a state cannot be 
sued by a citizen of other states, or by subjects of any foreign 
power. It is supposed that a state will be willing to pay its 
honest debts, if able to do so. A claim against a state, not 
specially provided for by law, is paid by an appropriation 
made by the legislature. 



298 IOWA AND THE NATION 

ARTICLE XII 

Methods of Choosing President and Vice-President 

This amendment is discussed fully in connection with the 
executive branch of the government. 

ARTICLE XIII 
Slavery 

Neither slavery nor involuntary servitude, except as a 
punishment for crime, whereof the party shall have been 
duly convicted, shall exist within the United States, or any 
place subject to their jurisdiction. 

Congress shall have power to enforce this article by 
appropriate legislation. 

This article abolished slavery. The Emancipation Proc- 
lamation, issued by President Lincoln in 1863, was intended 
as a war measure, and while its purpose was to free the 
slaves in those districts which were then in rebellion against 
the government, it did not disturb slavery as an institution. 

ARTICLE XIV 

RECONSTRUCTION 

Section I. Citizenship 

All persons bom or naturalized in the United States, and 
subject to the jurisdiction thereof, are citizens of the United 
States and of the state wherein they reside. No state shall 
make or enforce any law ivhich shall abridge the privileges 
or immunities of citizens of the United States; nor shall any 



AMENDMENTS TO CONSTITUTION 299 

state deprive any person of life, liberty, or property, without 
due process of law, nor deny to any person within its juris- 
diction the equal protection of the laws. 

Until the adoption of the fourteenth amendment, citizen- 
ship was a subject about which there was much dispute. 
It was claimed by some that citizenship can only be con- 
ferred by the general government, while others were equally 
certain that the whole subject is one that each state must 
settle for itself. The language of the amendment is so 
clear as to leave no doubt as to the use of the term citizen. 
This amendment was adopted especially in the interest of 
the negroes who had been freed from slavery. 

Section II. Representation 

Representatives shall be apportioned among the several 
states according, to their respective numbers, counting the 
whole number of persons in each state, excluding Indians 
not taxed. But when the right to vote at any election for 
the choice of electors for president and vice-president of 
the United States, representatives in congress, the executive 
and judicial officers of a state, or the members of the legis- 
lature thereof, is denied to any of the male inhabitants of 
such state, being twenty-one years of age, and citizens of 
the United States, or in any zvay abridged, except for partici- 
pation in rebellion or other crime, the basis of representation 
therein shall be reduced in the proportion which the number 
of such male citizens shall bear to the whole number of 
male citizens twenty-one years of age in such state. 

The effect of this section was to include the emancipated 
slaves in the basis of representation. When the constitu- 
tion was adopted, it provided that in addition to the white 
population and Indians who were taxed, three-fifths of all 
other persons should be counted in ap'portioning representa- 



300 IOWA AND THE NATION 

tives. By this plan, five slaves were counted as three whites. 
The latter part of the section is intended to prevent the 
states from placing any restriction upon the right of the 
negro to vote, if qualified according to the constitution of 
the state in which he resides. And in case any such restric- 
tion is made, the persons thus deprived of the right to vote 
are not to be counted in determining the representation of 
that state in congress. 

Section III. Effects of Rebellion 

No person shall be a senator or representative in congress 
or elector of president or vice-president, or hold any office, 
civil or military, under the United States, or under any state, 
who, having previously taken oath, as a member of congress, 
or as an officer of the United States, or as a member of any 
state legislature, or as an executive or judicial officer of any 
state, to support the constitution of the United States, shall 
have engaged in insurrection or rebellion against the same 
or given aid or comfort to the enemies thereof. But con- 
gress may, by a tzvo-thirds vote of each house, remove such 
disability. 

This section has special reference to those who had 
engaged in rebellion against the United States during the 
Civil War. President Johnson pardoned all participants 
in the war who would take the oath of allegiance to the 
United States, and nearly all of the Confederates accepted 
his offer. The amendment, however, is still in force, and 
should any body of citizens engage in rebellion against the 
government they would thereby deprive themselves of the 
right to vote. 

Section IV. War Debts 

The validity of the public debt of the United States, 
authorized by law, including debts incurred for the payment 



AMENDMENTS TO CONSTITUTION 301 

of pensions and bounties for services in suppressing, insur- 
rection or rebellion, shall not be questioned, but neither the 
United States, nor any state, shall assume or pay any debt 
or obligation incurred in' aid of rebellion against the United 
States, or any claim for the loss or emancipation of any 
slave; but all such debts, obligations, and claims shall be held 
illegal and void. 

Section V 

The congress shall have power to enforce by appropriate 
legislation the provisions of this article. 

The debt of the United States was enormous at the close 
of the Rebellion, amounting, as it did, to almost three billion 
dollars. In addition to paying this debt, the government 
is pledged to the payment of bounties and pensions allowed 
Union soldiers for their efforts in putting down the 
Rebellion. A few years ago, fully one-third of the total 
revenue of the government was used for the payment of 
pensions. 

The debt of the Confederate States incurred in waging 
war against the government was repudiated, but the claims 
of those citizens in the Confederate States who remained 
loyal to the Union throughout the war, for property 
destroyed, were generally allowed. 

ARTICLE XV 

Section I. Suffrage 

The rights of citizens of the United States to vote shall 
not be denied or abridged by the United States, or by any 
state, on account of race, color, or previous condition of 
servitude. 



302 IOWA AND THE NATION 

Section II 

The congress shall have pozver to enforce this article by 
appropriate legislation. 

The purpose of this amendment is very clear, but its 
effect shows clearly how a state may avoid complying with 
the spirit of the Constitution in matters in which the state 
is supreme. Since the qualifications of voters are determined 
by the state, many Southern States have passed laws requir- 
ing educational and property qualifications for voting which 
practically disfranchise many negroes. 

ARTICLE XVI 
Income Tax 

The Congress shall have power to lay and collect taxes on 
incomes, from whatever source derived, without apportion- 
ment among the several states, and zuithout regard to any 
census or enumeration. 

Proposed in 1909. This amendment was proposed by 
congress in 1909, because a previous income-tax law passed 
by that body was declared unconstitutional by the Supreme 
Court. The income-tax law passed after the adoption of 
this amendment applies to all citizens of the United States, 
whether at home or abroad, to resident aliens, and, in some 
instances, to non-resident aliens. 

ARTICLE XVII 
Direct Election of Senators 
Section I 

The senate of the United States shall be composed of two 
senators from each state, elected by the people thereof for 



AMENDMENTS TO CONSTITUTION 303 

six years, and each senator shall have one vote. The electors 
in each state shall have the qualifications requisite for 
electors of the most numerous branch of the state legisla- 
tures. 

Section II 

When vacancies happen in the representation of any 
state in the senate the executive authority of such state 
shall issue writs of election to fill vacancies: Provided, 
that the legislature of any state may empower the executive 
thereof to make temporary appointments until the people 
fill the vacancies by election as the legislature may direct. 

Section III 

This amendment shall not be so construed as to affect the 
election or term of any senator chosen before it becomes 
valid as part of the constitution. 

The effect of this amendment has been explained in con- 
nection with the election of senators. 



QUESTIONS AND SUGGESTIONS 

1. Why are marriages solemnized in one state legal in 
all states? 

2. What were the last states admitted to the Union? 

3. How are each of the following governed : Porto 
Rico? Philippines? Panama Canal Zone? 

4. How many stars in the United States flag? How 
many stripes? What does the number of stripes represent? 

5. Could Iowa change its government to any form but 
republican ? 

6. Why were so many amendments to the Constitution 
ratified soon after its adoption? 



304 IOWA AND THE NATION 

7. What powers are reserved to the people? 

8. Can a state repudiate its debts? Have any states 
ever repudiated their debts? 

9. What led to the proposal and ratification of the 
seventeenth amendment to the Constitution? 

10. Debate: Resolved, that the income tax should be 
abolished. 



CHAPTER XI 

CONSTITUTION 

ARTICLE VI 

General Provisions 

Clause i. — Debts Assumed 

All debts contracted and engagements entered into before 
the adoption of this constitution, shall be as valid against 
the United States under this constitution as under the con- 
federation. 

The credit of the new government was at stake, and 
while it was suggested by some members of the Constitutional 
Convention that the debts incurred during the Revolution 
need not be assumed by the new government, it was agreed 
that the debts of the Confederation should be recognized as 
debts under the Constitution. It was a heroic deed, and 
this stands as a glowing tribute to the honor and integrity 
of the founders of our government. 

Clause 2. — Supremacy of the Nation 

This constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all treaties 
made, or which shall be made, under the authority of the 
United States, shall be the supreme lazv of the land; and the 
judges in every state shall be bound thereby, anything in 

305 



306 IOWA AND THE NATION 

the constitution or laws of any state to the contrary notwith- 
standing.. 

Nation Supreme. It would seem as though there could 
be no misunderstanding of the language of this clause, and 
yet the doctrine of "state's rights" was openly advocated 
for many years. That doctrine was, in substance, that when- 
ever a conflict arose between the nation and any state, the 
authority of the state was considered supreme. 

Laws of Congress. It sometimes happens that congress 
passes a law which is in opposition to the provisions of the 
constitution of some state. While the authority of congress 
is supreme in such cases, it is customary to give the state 
or states affected a reasonable time in which to make the 
necessary changes. 

Clause 3. — Oath of Office 

The senators and representatives before mentioned, and 
the members of the several state legislatures, and all executive 
and judicial officers, both of the United States and of the 
several states, shall be bound by oath or affirmation, to 
support this constitution; but no religious test shall ever 
be. required as a qualification to any office of public trust 
under the United States. 

Every civil officer of the United States and of the several 
states is required to take an oath of office. Those who are 
opposed to subscribing to an oath, on account of conscien- 
tious scruples, are permitted to solemnly affirm that they 
will support the Constitution of the United States (and of 
the state, if a state officer), "under the pains and penalties 
for perjury." 

The abolition of a religious test as a qualification for office 



CONSTITUTION 307 

seemed strange to many people a century ago. At that time 
nearly every civilized nation on the earth required that its 
officers should all be members of the established church. 
The religious freedom guaranteed in other parts of the 
Constitution could hardly have been made practicable with- 
out the addition of this clause. 

ARTICLE VII 
Ratification of the Constitution 

The ratification of the conventions of nine states shall be 
sufficient for the establishment of this constitution between 
the states so ratifying, the same. 

The refusal of Maryland to ratify the Articles of Con- 
federation for so many years led to the adoption of this 
article. It was thought proper for the new government 
to begin its work whenever the assent of two-thirds of all 
the states had been given to the Constitution. By the time 
the government was organized, eleven states had agreed to 
be governed by the new plan, and it was not long until the 
remaining two of the thirteen original states were added 
to the sisterhood. 



APPENDIX I 

CONSTITUTION OF IOWA 

Preamble. We, the People of the State of Iowa, grateful to the 
Supreme Being for the blessings hitherto enjoyed, and feeling our 
dependence on Him for a continuation of those blessings, do ordain 
and establish a free and independent government, by the name of 
the State of Iowa, the boundaries whereof shall be as follows : 

Boundary. Beginning in the middle of the main channel of the 
Mississippi river, at a point due east of the middle of the mouth of 
the main channel of the Des Moines river, thence up the middle 
of the main channel of the said Des Moines river, to a point on 
said river where the northern boundary line of the state of 
Missouri — as established by the constitution of that State, adopted 
June 12, 1820 — crosses the said middle of the main channel of the 
said Des Moines river, thence westwardly along the said northern 
boundary line of the state of Missouri, as established at the time 
aforesaid, until an extension of said line intersects the middle of 
the main channel of the Missouri river ; thence up the middle 
of the main channel of the said Missouri river to a point opposite 
to the middle of the main channel of the Big Sioux river, accord- 
ing to Nicollet's map; thence up the main channel of the said 
Big Sioux river, according to the said map, until it is intersected 
by the parallel of forty-three degrees and thirty minutes north 
latitude ; thence east along said parallel of forty-three degrees and 
thirty minutes, until said parallel intersects the middle of the main 
channel of the Mississippi river; thence down the middle of the 
main channel of the said Mississippi river to the place of beginning. 

ARTICLE L— Bill of Rights 

Section 1. Rights of Persons. All men are, by nature, free and 
equal, and have certain inalienable rights, among which are those 
of enjoying and defending life and liberty, acquiring, possessing, 

309 



310 IOWA AND THE NATION 

and protecting property, and pursuing and obtaining safety and 
happiness. 

Section 2. Political Power. All political power is inherent in the 
people. Government is instituted for the protection, security, and 
benefit of the people, and they have the right, at all times, to alter 
or reform the same, whenever the public good may require it. 

Section 3. Religion. The general assembly shall make no law 
respecting an establishment of religion, or prohibiting the free exer- 
cise thereof; nor shall any person be compelled to attend any place 
of worship, pay tithes, taxes, or other rates, for building or repair- 
ing places of worship, or the maintenance of any minister or 
ministry. 

Section 4. Religious Test. No religious test shall be required as 
a qualification for any office of public trust, and no person shall be 
deprived of any of his rights, privileges or capacities, or disqualified 
from the performance of any of his public or private duties, or 
rendered incompetent to give evidence in any court of law or equity, 
in consequence of his opinions on the subject of religion; and 
any party to any judicial proceeding shall have the right to use 
as a witness, or take the testimony of, any other person, not 
disqualified on account of interest, who may be cognizant of any 
fact material to the case; and parties to suits may be witnesses, as 
provided by law. 

Section 5. Dueling. Any citizen of this state who may hereafter 
be engaged, either directly or indirectly, in a duel, either as principal 
or accessory before the fact, shall forever be disqualified from 
holding any office under the constitution and laws of this state. 

Section 6. Lazvs Uniform. All laws of a general nature shall 
have a uniform operation ; the general assembly shall not grant to 
any citizen or class of citizens, privileges or immunities, which 
upon the same terms shall not equally belong to all citizens. 

Section 7. Liberty of Speech and Press. Every person may 
speak, write and publish his sentiments on all subjects, being 
responsible for the abuse of that right. No law shall be passed to 
restrain or abridge the liberty of speech or of the press. In all 
prosecutions or indictments for libel, the truth may be given in 
evidence to the jury, and if it appears to the jury that the matter 
charged as libelous was true, and was published with good motives 
and for justifiable ends, the party shall be acquitted. 



CONSTITUTION 311 

Section 8. Personal Security. The right of people to be secure 
in their persons, houses, papers and effects, against unreasonable 
seizures and searches shall not be violated ; and no warrant shall 
issue but on probable cause, supported by oath or affirmation, par- 
ticularly describing the place to be searched, and the persons and 
things to be seized. 

Section 9. Trial by Jury. The right of trial by jury shall re- 
main inviolate, but the general assembly may authorize trial by a 
jury of a less number than twelve men in inferior courts; but no 
person shall be deprived of life, liberty, or property without due 
process of law. 

Section 10. Rights of Persons Accused. In all criminal prose- 
cutions, and in cases involving the life or liberty of an individual, 
the accused shall have a right to a speedy and public trial by an 
impartial jury; to be informed of the accusation against him; to 
have a copy of the same when demanded ; to be -confronted with 
the witnesses against him ; to have compulsory process for his 
witnesses ; and to have the assistance of counsel. 

Section 11. Indictment. All offenses less than felony and in 
which the punishment does not exceed a fine of one hundred dol- 
lars, or imprisonment for thirty days, shall be tried summarily 
before a justice of the peace, or other officer authorized by law, 
on information under oath, without indictment, or the interven- 
tion of a grand jury, saving to the defendant the right of appeal; 
and no person shall be held to answer for any higher criminal 
offense, unless on presentment or indictment by a grand jury, 
except in cases arising in the army or navy, or in the militia, 
when in actual service, in time of war or public danger. 

Section 12. Twice Tried. — Bail. No person shall, after acquittal, 
be tried "for the same offense. All persons shall, before conviction, 
be bailable by sufficient sureties, except for capital offenses, where 
the proof is evident, or the presumption great. 

Section 13. Habeas Corpus. The writ of habeas corpus shall 
not be suspended or refused when application is made as required by 
law, unless in case of rebellion or invasion, the public safety may 
require it. 

Section 14. Military. The military shall be subordinate to the 
civil power. No standing army shall be kept up by the state in 



312 IOWA AND THE NATION 

time of peace; and in time of war, no appropriation for a standing 
army shall be for a longer time than two years. 

Section 15. Quartering Troops. No soldier shall, in time of 
peace, be quartered in any house without the consent of the 
owner, nor in time of war except in the manner prescribed by law. 

Section 16. Treason. Treason against the state shall consist only 
in levying war against it, adhering to its enemies, or giving them 
aid and comfort. No person shall be convicted of treason, unless 
on the evidence of two witnesses to the same overt act, or confession 
in open court. 

Section 17. Bail, Punishment. Excessive bail shall not be 
required ; excessive fines shall not be imposed, and cruel and unusual 
punishment shall not be inflicted. 

Section 18. Property. Private property shall not be taken for 
public use without just compensation first being made, or secured 
to be made, to the owner thereof, as soon as the damages shall be 
assessed by a jury, who shall not take into consideration any 
advantages that may result to said owner on account of the improve- 
ment for which it is taken. 

Section 19. Imprisonment for Debt. No person shall be 
imprisoned for debt in any civil action, on mesne or final process, 
unless in case of fraud; and no person shall be imprisoned for a 
military fine in time of peace. 

Section 20. Petition. The people have the right freely to 
assemble together to counsel for the common good ; to make known 
their opinions to their representatives, and to petition for a redress 
of grievances. 

Section 21. Attainder. No bill of attainder, ex-post-facto law, 
or law impairing the obligation of contracts, shall ever be passed. 

Section 22. Aliens Hold Property. Foreigners who are, or may 
hereafter become residents of this state, shall enjoy the same rights 
in respect to the possession, enjoyment and descent of property, as 
native-born citizens. 

Section 23. Slavery. There shall be no slavery in this state; 
nor shall there be involuntary servitude, unless for the punishment 
of crime. 

Section 24. Reservation. No lease or grant of agricultural lands, 



APPENDIX I 313 

reserving any rent or service of any kind, shall be valid for a longer 
period than twenty years. 

Section 25. Rights Retained. The enumeration of rights shall not 
be construed to impair or deny others retained by the people. 



ARTICLE II.— Right of Suffrage 

Section 1. Electors. Every male citizen of the United States, 
of the age of twenty-one years, who shall have been a resident of 
this state six months next preceding the election, and of the county 
in which he claims his vote, sixty days, shall be entitled to vote at 
all elections which are now or hereafter may be authorized by law. 

Section 2. Privileges. Electors shall, in all cases except treason, 
felony or breach of the peace, be privileged from arrest on the days 
of election, during their attendance at such elections, going to and 
returning therefrom. 

Section 3. Same. No elector shall be obliged to perform military 
duty on the day of election, except in time of war or public danger. 

Section 4. Resident. No person in the naval, military or marine 
service of the United States shall be considered a resident of this 
state by being stationed in any garrison, barrack, or military or 
naval place or station within this state. 

Section 5. Exception. No idiot or insane person, or person con- 
victed of any infamous crime, shall be entitled to the privilege of 
an elector. 

Section 6. Ballot. All elections by the people shall be by ballot. 



ARTICLE III. — Of the Distribution of Powers 

Section 1. Departments of Government. The powers of the 
government of Iowa shall be divided into three separate depart- 
ments: The legislative, the executive and the judicial; and no person 
charged with the exercise of powers properly belonging to one of 
these departments shall exercise any function appertaining to either 
of the others, except in cases hereinafter expressly directed or 
permitted. 



314 IOWA AND THE NATION 

LEGISLATIVE DEPARTMENT 

Section 1. Authority. The legislative authority of this state 
shall be vested in a general assembly, which shall consist of a 
senate and house of representatives ; and the style of every law shall 
be : "Be it enacted by the General Assembly of the State of Iowa." 

Section 2. Sessions. The sessions of the general assembly shall 
be biennial, and shall commence on the second Monday in January 
next ensuing the election of its members ; unless the governor of 
the state shall, in the meantime, convene the general assembly by 
proclamation. 

Section 3. Members of House of Representatives. The members 
of the house of representatives shall be chosen every second year, 
by the qualified electors of their respective districts, on the second 
Tuesday in October, except the years of the presidential election, 
when the election shall be on the Tuesday next after the first 
Monday in November; and their term of office shall commence on 
the first day of January next after their election, and continue two 
years, and until their successors are elected and qualified. 

Section 4. Eligibility. No person shall be a member of the house 
of representatives who shall not have attained the age of twenty- 
one years, be a male citizen of the United States, and shall have 
been an inhabitant of this state one year next preceding his elec- 
tion, and at the time of his election shall have had an actual resi- 
dence of sixty days in the county or district he may have been 
chosen to represent. 

Section 5. Senators. Senators shall be chosen for the term of 
four years, at the same time and place as representatives; they 
shall be twenty-five years of age, and possess the qualifications of 
representatives as to residence and citizenship. 

Section 6. Senators Classed. The number of senators shall not be 
less than one-third nor more than one-half the representative body ; 
and shall be so classified by lot, that one class being as nearly one- 
half as possible, shall be elected every two years. When the 
number of senators is increased, they shall be annexed by lot to 
one or the other of the two classes, so as to keep them as nearly 
equal in numbers as practicable. 

Section 7. Elections Determined. Each house shall choose its 



APPENDIX I 315 

own officers, and judge of the qualification, election and return of 
its own members. A contested election shall be determined in such 
manner as shall be directed by law. 

Section 8. Quorum. A majority of each house shall constitute 
a quorum to transact business ; but a smaller number may adjourn 
from day to day, and may compel the attendance of absent mem- 
bers in such manner and under such penalties as each house may 
provide. 

Section 9. Authority of the House. Each house shall sit upon 
its own adjournments, keep a journal of its proceedings, and publish 
the same ; determine its rules of proceedings, punish members for 
disorderly behavior, and, with the consent of two-thirds, expel a 
member, but not a second time for the same offense ; and shall have 
all other power necessary for a branch of the general assembly 
of a free and independent state. 

Section 10. Protest. Every member of the general assembly shall 
have the liberty of dissent from or protest against any act or reso- 
lution which he may think injurious to the public or an individual, 
and have the reasons for his dissent entered on the journals; and 
the yeas and nays of the members of either house, on any question, 
shall at the desire of any two members present, be entered on the 
journals. 

Section 11. Privilege. Senators and representatives, in all cases, 
except treason, felony, or breach of the peace, shall be privileged 
from arrest during the session of the general assembly, and in 
going to and returning from the same. 

Section 12. Vacancies. When vacancies occur in either house, 
the governor, or the persons exercising the functions of governor 
shall issue writs of election to fill such vacancies. 

Section 13. Doors Open. The doors of each house shall be 
open, except on such occasions as, in the opinion of the house, may 
require secrecy. 

Section 14. Adjournment. Neither house shall, without the con- 
sent of the other, adjourn for more than three days, nor to any 
other place than that in which they may be sitting. 

Section 15. Bills. Bills may originate in either house, and may 
be amended, altered or rejected by the other; and every bill having 



316 IOWA AND THE NATION 

passed both houses, shall be signed by the speaker and president 
of their respective houses. 

Section 16. To be Approved, etc. Every bill which shall have 
passed the general assembly shall, before it becomes a law, be pre- 
sented to the governor. If he approve, he shall sign it; but if not, 
he shall return it with his objections, to the house in which it 
originated, which shall enter the same upon their journal, and 
proceed to reconsider it ; if, after such reconsideration, it again 
pass both houses, by yeas and nays, by a majority of two-thirds of 
the members of each house, it shall become a law, notwithstanding 
the governor's objections. If any bill shall not be returned within 
three days after it shall have been presented to him (Sunday 
excepted), the same shall be a law in like manner as if he had signed 
it; unless the general assembly, by adjournment prevent such return. 
Any bill submitted to the governor for his approval during the 
last three days of a session of the general assembly, shall be 
deposited by him in the office of the secretary of state within thirty 
days after the adjournment, with his approval, if approved by him, 
and with his objections if he disapproves thereof. 

Section 17. Same. No bill shall be passed unless by the assent 
of a majority of all the members elected to each branch of the 
general assembly, and the question upon the final passage shall be 
taken immediately upon its last reading, and the yeas and nays 
entered upon the journal. 

Section 18. Receipts and Expenditures. An accurate statement 
of the receipts and expenditures of the public money shall be attached 
to and published with the laws at every regular session of the 
general assembly. 

Section 19. Impeachment. The house of representatives shall 
have the sole power of impeachment and all impeachments shall be 
tried by the senate. When sitting for that purpose, the senators 
shall be upon oath or affirmation ; and no person shall be convicted 
without the concurrence of two-thirds of the members present. 

Section 20. Who Liable to Impeachment. The governor, judges 
of the supreme and district courts, and other state officers, shall be 
liable to impeachment for any misdemeanor or malfeasance in 
office; but judgment in such cases shall extend only to removal from 
office and disqualification to hold any office of honor, trust, or profit 
under this state ; but the party convicted or acquitted shall neverthe- 



APPENDIX I 317 

less be liable to indictment, trial and punishment according to 
law. All other civil officers shall be tried for misdemeanors and 
malfeasance in office, in such manner as the general assembly may 
provide. 

Section 21. Members Not Appointed to Offices. Xo senator or 
representative shall, during the time for which he shall have been 
elected, be appointed to any civil office of profit under this state, 
which shall have been created or the emoluments of which shall 
have been increased during such term, except such offices as may 
be filled by elections by the people. 

Section 22. Disqualification. Xo person holding any lucrative 
office under the United States, or this state, or any other power, 
shall be eligible to hold a seat in the general assembly ; but offices 
in the militia, to which there is attached no annual salary, or the 
office of justice of the peace, or postmaster, whose compensation 
does not exceed one hundred dollars per annum, or notary public, 
shall not be deemed lucrative. 

Section 23. Same. No person who may hereafter be a collector 
or holder of public moneys, shall have a seat in either house of 
the general assembly, or be eligible to hold any office of trust or 
profit in this state, until he shall have accounted for and paid into 
the treasury all sums for which he may be liable. 

Section 24. Money Drawn. Xo money shall be drawn from the 
treasury but in consequence of appropriations made by law. 

Section 25. Compensation of Members. Each member of the 
first general assembly under this constitution shall receive three 
dollars per diem while in session ; and the further sum of three 
dollars for every twenty miles traveled in going to and returning 
from the place where .such session is held, by the nearest traveled 
route ; after which they shall receive such compensation as shall 
be fixed by law ; but no general assembly shall have the power to 
increase the compensation of its members. And when convened in 
extra session they shall receive the same mileage and per diem 
compensation as fixed by law for the regular session, and none 
other. 

Section 26. Lazus. — Publication. Xo law of the general assembly 
passed at a regular session, of a public nature, shall take effect until 
the fourth day of July next after the passage thereof. Laws passed 
at a special session shall take effect ninety days after the adjourn- 



318 IOWA AND THE NATION 

ment of the general assembly by which they were passed. If the 
general assembly shall deem any law of immediate importance, they 
may provide that the same shall take effect by publication in news- 
papers in the state. 

Section 27. Divorce. No divorce shall be granted by the general 
assembly. 

Section 28. Lotteries. No lottery shall be authorized by this 
state; nor shall the sale of lottery tickets be allowed. 

Section 29. Acts. Every act shall embrace but one subject, and 
matters properly connected therewith, which subject shall be 
expressed in the title; but if any subject shall be embraced in an 
act which shall not be expressed in the title, such act shall be void 
only as to so much thereof as shall not be expressed in the title. 

Section 30. Local or Special Lazes. The general assembly shall 
not pass local or special laws in the following cases : 

For the assessment and collection of taxes, for state, county, or 
road purposes ; 

For laying out, opening, and working roads or highways ; 

For changing the names of persons ; 

For the incorporation of cities and towns; 

For vacating roads, town plats, streets, alleys, or public squares ; 

For locating or changing county seats. 

In all cases above enumerated, and in all other cases. where a 
general law can be made applicable, all laws shall be general, and 
of uniform operation throughout the state ; and no law changing 
the boundary lines of any county shall have effect until, upon 
being submitted to the people of the counties affected by the change, 
at a general election, it .shall be approved by a majority of the 
votes in each county, cast for and against it. 

Section 31. Extra Compensation. No extra compensation shall 
be made to any officer, public agent, or contractor, after the service 
shall have been rendered, or the contract entered into ; nor shall 
any money be paid on any claim, the subject matter of which 
shall not have been provided for by pre-existing laws, and no pub- 
lic money or property shall be appropriated for local or private 
purposes, unless such appropriation, compensation or claim be 
allowed by two-thirds of the members elected to each branch of the 
general assembly. 

Section 32. Oath of Members. Members oi the general assembly 



APPENDIX I 319 

shall, before they enter upon the duties of their respective offices, 
take and subscribe the following oath or affirmation : "I do 
solemnly swear (or affirm as the case may be) that I will support 
the constitution of the United States, and the constitution of the 
state of Iowa, and that I will faithfully discharge the duties of 
senator (or representative, as the case may be) according to the 
best of my ability ;" and members of the general assembly are 
hereby empowered to administer to each other the said oath or 
affirmation. 

Section 33. Census. The general assembly shall, in the years 
one thousand eight hundred and fifty-nine, one thousand eight hun- 
dred and sixty-three, one thousand eight hundred and sixty-five, 
one thousand eight hundred and sixty-seven, one thousand eight 
hundred and sixty-nine, one thousand eight hundred and seventy- 
five, and every ten years thereafter, cause an enumeration to be 
made of all the inhabitants of the state. 

Section 34. Apportionment. The number of senators shall, at 
the next session following each period of making such enumeration, 
and the next session following each United States census, be fixed 
by law, and apportioned among the several counties according to 
the number of inhabitants in each. 

Section 35. Districts. The senate shall not consist of more than 
fifty members, nor the house of representatives of more than one 
hundred ; and they shall be apportioned among the several counties 
and representative districts of the state according to the number 
of inhabitants in each, upon ratios to be fixed by law ; but no 
representative district shall contain more than four organized 
counties, and each district shall be entitled to at least one repre- 
sentative. Every county and district which shall have a number 
of inhabitants equal to one-half of the ratio fixed by law, shall be 
entitled to one representative ; and any one county containing, in 
addition to the ratio fixed by law, one-half of that number, or 
more, shall be entitled to one additional representative. No float- 
ing district shall hereafter be formed. 

Section 36. Ratio of Representation. At its first session under 
this constitution, and at every subsequent regular session, the general 
assembly shall fix the ratio of representation, and also form into 
representative districts those counties which will not be entitled 
singly to a representative. 



320 IOWA AND THE NATION 

Section 37. Districts. When a congressional, senatorial, or rep- 
resentative district shall be composed of two or more counties, it 
shall not be entirely separated by any county belonging to another 
district ; and no county .shall be divided in forming a congressional, 
senatorial, or representative district. 

Section 38. Elections by General Assembly. In all elections by 
the general assembly, the members thereof shall vote Viva Voce; 
and the votes shall be entered on the journal. 



ARTICLE IV. — Executive Department 

Section 1. Governor. The supreme executive power of this 
state shall be vested in a chief magistrate, who shall be styled the 
governor of the state of Iowa. 

Section 2. Election and Term. The governor shall be elected by 
the qualified electors at the time and place of voting for members 
of the general assembly, and shall hold his office two years from 
the time of his installation, and until his successor is elected and 
qualified. 

Section 3. Lieutenant-Governor. There .shall be a lieutenant- 
governor, who shall hold his office two years, and be elected at the 
same time as the governor. In voting for governor and lieutenant- 
governor, the electors shall designate for whom they vote as gov- 
ernor, and for whom as lieutenant-governor. The returns of every 
election for governor and lieutenant-governor shall be sealed up 
and transmitted to the seat of government of the state, directed to 
the speaker of the house of representatives, who shall open and 
publish them in the presence of both houses of the general assembly. 

Section 4. Returns of Elections. The persons respectively having 
the highest number of votes for governor and lieutenant-governor 
shall be declared duly elected ; but in case two or more persons shall 
have an equal, and the highest number of votes for either office, the 
general assembly shall, by joint vote, forthwith proceed to elect 
one of said persons, governor, or lieutenant-governor, as the case 
may be. 

Section 5. Contested Elections. Contested elections for governor 
or lieutenant-governor shall be determined by the general assembly 
in such manner as may be prescribed by law. 



APPENDIX I 321 

Section 6. Eligibility. No person shall be eligible to the office 
of governor or lieutenant-governor who shall not have been a citizen 
of the United States and a resident of the state two years next 
preceding the election, and attained the age of thirty years at the 
time of said election. 

Section 7. Command. The governor shall be commander-in- 
chief of the militia, the army and navy of this state. 

Section 8. Duties. He shall transact all executive business with 
the officers of government, civil and military, and may require 
information in writing from the officers of the executive department 
upon any subject relating to the duties of their respective offices. 

Section 9. Same. He shall take care that the laws are faithfully 
executed. 

Section 10. Vacancies. When any office shall, from any cause, 
become vacant, and no mode is provided by the constitution and 
laws for filling such vacancy, the governor shall have power to fill 
.such vacancy by granting a commission, which shall expire at the 
end of the next session of the general assembly, or at the next elec- 
tion by the people. 

Section 11. Convening Assembly. He may, on extraordinary 
occasions, convene the general assembly by proclamation, and shall 
state to both houses, when assembled, the purpose for which they 
.shall have been convened. 

Section 12. Message. He shall communicate, by message, to 
the general assembly, at every regular session, the condition of 
the state, and recommend such matters as he shall deem expedient. 

Section 13. Adjournment. In case of disagreement between the 
two houses with respect to the time of adjournment, the governor 
shall have power to adjourn the general assembly to such time as 
he may think proper; but no such adjournment shall be beyond 
the time fixed for the regular meeting of the next general assembly. 

Section 14. Disqualification. No person shall, while holding 
any office under the authority of the United States, or this state, 
execute the office of governor or lieutenant-governor, except as here- 
inafter expressly provided. 

Section 15. Term. The official term of the governor and lieu- 
tenant-governor shall commence on the second Monday of January 



322 IOWA AND THE NATION 

next after their election, and continue for two years, and until their 
successors are elected and qualified. The lieutenant-governor, while 
acting as governor, shall receive the same pay as provided for 
governor ; and while presiding in the senate, shall receive as com- 
pensation therefor the same mileage and double the per diem pay 
provided for a senator, and none other. 

Section 16. Pardons, Etc. The governor shall have power to 
grant reprieves, commutations and pardons, after conviction, for 
all offenses except treason and cases of impeachment, subject to 
such regulations as may be provided by law. Upon conviction for 
treason, he shall have power to suspend the execution of the sentence 
until the case shall be reported to the general assembly at its next 
meeting, when the general assembly shall either grant a pardon, 
commute the sentence, direct the execution of the sentence, or 
grant a further reprieve. He shall have power to remit fines and 
forfeitures, under such regulations as may be prescribed by law ; 
and shall report to the general assembly, at its next meeting, each 
case of reprieve, commutation, or pardon granted, and the reason 
therefor; and also all persons in whose favor remission of fines 
and forfeitures shall have been made, and the several amounts 
remitted. 

Section 17. Lieutenant Act as Governor. In case of the death, 
impeachment, resignation, removal from office, or other disability 
of the governor, the powers and duties of the office for the residue 
of the term, or until he shall be acquitted, or the disability removed, 
shall devolve upon the lieutenant-governor. 

Section 18. Further Vacancies Provided For. The lieutenant- 
governor shall be president of the senate, but shall only vote when 
the senate is equally divided ; and in case of his absence or 
impeachment, or when he shall exercise the office of governor, the 
senate shall choose a president pro tempore. 

Section 19. Same. If the lieutenant-governor, while acting as 
governor, shall be impeached, displaced, resign or die, or otherwise 
become incapable of performing the duties of the office, the presi- 
dent pro tempore of the senate shall act as governor until the 
vacancy is filled, or the disability is removed; and if the president 
of the senate, for any of the above causes, shall be rendered incapable 
of performing the duties pertaining to the office of governor, the 
same shall devolve upon the speaker of the house of representatives. 



APPENDIX I 323 

Section 20. Seal of State. There shall be a seal of this state, 
which shall be kept by the governor, and used by him officially, 
and shall be called the great seal of the state of Iowa. 

Section 21. Commissions, Etc. All grants and commissions shall 
be in the name and by the authority of the people of the state of 
Iowa, sealed with the great seal of the state, signed by the 
governor, and countersigned by the secretary of state. 

Section 22. Secretary, Auditor and Treasurer. A secretary of 
state, auditor of state, and treasurer of state, shall be elected by 
the qualified electors, who shall continue in office two years, and 
until their successors are elected and qualified, and perform such 
duties as may be required by law. 

ARTICLE V. — Judicial Department 

Section 1. Courts. The judicial power shall be vested in a 
supreme court, district court, and such other courts, inferior to the 
supreme court, as the general assembly may, from time to time, 
establish. 

Section 2. Supreme Court. The supreme court shall consist of 
three judges, two of whom shall constitute a quorum to hold court. 

Section 3. Judges Elected. The judges of the supreme court 
shall be elected by the qualified electors of the state, and shall hold 
their court at such time and place as the general assembly may 
prescribe. The judges of the supreme court, so elected, shall 
be classified so that one judge shall go out of office every two 
years; and the judge holding the shortest term of office, under 
such classification, shall be chief justice of the court during his 
term, and so in rotation. After the expiration of their terms of 
office, under such classification, the term of each judge of the 
supreme court shall be six years, and until his successor shall have 
been elected and qualified. The judges of the supreme court shall 
be ineligible to any other office in the state during the term for 
which they have been elected. 

Section 4. Jurisdiction. The supreme court shall have appellate 
jurisdiction only in cases in chancery, and shall constitute a court 
for the correction of errors at law, under such restrictions as the 
general assembly may by law prescribe ; and shall have power to 



324 IOWA AND THE NATION 

issue all writs and process necessary to secure justice to parties, 
and exercise a supervisory control over all inferior judicial tribunals 
throughout the state. 

Section 5. District Judges Elected. The district court shall con- 
sist of a single judge, who shall be elected by the qualified electors 
of the district in which he resides. The judge of the district court 
shall hold his office for the term of four years, and until his suc- 
cessor shall have been elected and qualified ; and shall be ineligible 
to any other office, except that of judge of the supreme court, during 
the term for which he was elected. 

Section 6. Jurisdiction. The district court shall be a court of law 
and equity, which shall be distinct and separate jurisdictions, and 
have jurisdiction in civil and criminal matters arising in their 
respective districts in such manner as shall be prescribed by law. 

Section 7. Conservators of the Peace. The judges of the supreme 
and district courts shall be conservators of the peace throughout 
the state. 

Section 8. Style of Process. The style of all process shall be, 
"The State of Iowa," and all prosecutions shall be conducted in the 
name and by the authority of the same. 

Section 9. Salaries. The salary of each judge of the supreme 
court shall be two thousand per annum, and that of each district 
judge one thousand six hundred dollars per annum, until the year 
eighteen hundred and sixty; after which time they shall severally 
receive such compensation as the general assembly may, by law, 
prescribe, which compensation shall not be increased or diminished 
during the term for which they shall have been elected. 

Section 10. Judicial Districts. The state shall be divided into 
eleven judicial districts, and after the year eighteen hundred and 
sixty, the general assembly may reorganize the judicial districts, and 
increase or diminish the number of districts, or the number of judges 
of the said court, and may increase the number of judges of the 
supreme court; but such increase or diminution shall not be more 
than one district, or one judge of either court, at any one session, 
and no reorganization of the districts, or diminution of the number 
of judges, shall have the effect of removing a judge from office. 
Such reorganization of the districts, or any change in the boundaries 
thereof, or increase or diminution of the number of judges, shall take 
place every four years thereafter, if necessary, and at no other time. 



APPENDIX I 325 

Section 11. When Chosen. The judges of the supreme and dis- 
trict courts shall be chosen at the general election ; and the term of 
office of each judge shall commence on the first day of January next 
after his election. 

Section 12. Attorney-General. The general assembly shall pro- 
vide by law for the election of an attorney-general by the people, 
whose term of office shall be two years, and until his successor shall 
have been elected and qualified. 

Section 13. District Attorney. The qualified electors of each 
judicial district shall, at the time of the election of district judge, 
elect a district attorney, who shall be a resident of the district for 
which he is elected, and who shall hold his office for the term of four 
years ; and until his successor shall have been elected and qualified. 

Section 14. Duty of General Assembly. It shall be the duty of 
the general assembly to provide for the carrying into effect of this 
article, and to provide for a general system of practice in all the 
courts of this state. 

ARTICLE VI.— Militia 

Section 1. Who Constitute. The militia of this state shall be 
composed of all able-bodied male citizens between the ages of 
eighteen and forty-five years, except such as are, or may hereafter 
be, exempt by the laws of the United States, or of this state, and 
shall be armed, equipped and trained, as the general assembly may 
provide by law. 

Section 2. Qualification. No person or persons conscientiously 
•scrupulous of bearing arms shall be compelled to do military duty 
in time of peace ; Provided, that such person or persons shall pay 
an equivalent for such exemption in the same manner as other 
citizens. 

Section 3. Officers. All commissioned officers of the militia 
(staff officers excepted) shall be elected by persons liable to perform 
military duty, and shall be commissioned by the governor. 

ARTICLE VII.— State Debts 

Section 1. Limitation of State Indebtedness. The credit of the 
state shall not, in anv manner, be given or loaned to, or in aid of. 



326 IOWA AND THE NATION 

any individual, association or corporation ; and the state shall never 
assume, or become responsible for, the debts or liabilities of any 
individual, association or corporation, unless incurred in time of war 
for the benefit of the state. 

Section 2. Same. The state may contract debts to supply casual 
deficits or failures in revenues, or to meet expenses not otherwise 
provided for ; but the aggregate amount of such debts, direct and 
contingent, whether contracted by virtue of one or more acts of the 
general assembly, or at different periods of time, shall never exceed 
the sum of two hundred and fifty thousand dollars, and the money 
arising from the creation of such debts shall be applied to the pur- 
pose for which it was obtained, or to repay the debts so contracted, 
and to no other purpose whatever. 

Section 3. Losses to School Fund Audited. All losses to the per- 
manent, school, or university fund of this state, which shall have 
been occasioned by the defalcation, mismanagement or fraud of the 
agents or officers controlling and managing the same, shall be 
audited by the proper authorities of the state. The amount so audited 
shall be a permanent fund debt against the state, in favor of the 
respective fund sustaining the loss, upon which not less than six per 
cent annual interest shall be paid. The amount of liability so cre- 
ated shall not be counted as a part of the indebtedness authorized by 
the second section of this article. 

Section 4. For what Other Purpose State May Contract Debts. 
In addition to the above limited power to contract debts, the state 
may contract debts to repel invasion, suppress insurrection, or defend 
the state in war ; but the money arising from the debts so contracted 
shall be applied to the purpose for which it was raised, or to repay 
such debts, and to no other purpose whatever. 

Section 5. (a) Other Debts to be Authorised by Special Law. 
— (b) Submitted to the People. Except the debts hereinbefore 
specified in this article, no debt shall be hereafter contracted by or 
on behalf of this state, unless such debt shall be authorized by some 
law for some single work or object, to be distinctly specified therein; 
and such law shall impose and provide for the collection of a direct 
annual tax, sufficient to pay the interest on such debt, as it falls due, 
and also to pay and discharge the principal of such debt, within 
twenty years from the time of the contracting thereof; but no such 
law shall take effect until, at a general election, it shall have been 



APPENDIX I 327 

submitted to the people and have received a majority of all the 
votes cast for and against it at such election; and all money raised 
by authority of such law, shall be applied only to the specific object 
therein stated, or to the payment of the debt created thereby ; and 
such law shall be published in at least one newspaper in each county, 
if one is published therein, throughout the state, for three months 
preceding the election at which it is submitted to the people. 

Section 6. Legislature May Repeal. The legislature may, at any 
time after the approval of such law by the people, if no debt shall 
have been contracted in pursuance thereof, repeal the same, and 
may at any time forbid the contracting of any further debt or 
liability under such law ; but the tax imposed by such law, in pro- 
portion to the debt or liability which may have been contracted in 
pursuance thereof, shall remain in force and be irrepealable, and be 
annually collected, until the principal and interest are fully paid. 

Section 7. Tax Imposed Distinctly Stated. Every law which 
imposes, continues, or revives a tax, shall distinctly state the tax 
and the object to which it is to be applied, and it shall not be 
sufficient to refer to any other law to fix such tax or object. 

ARTICLE VIII.— Corporations 

Section 1. Corporations, Hon' Created. Xo corporation shall be 
created by special laws ; but the general assembly shall provide, by 
general laws, for the organization of all corporations hereafter to 
be created, except as hereinafter provided. 

Section 2. Property Taxable. The property of all corporations 
for pecuniary profit shall be subject to taxation, the same as that 
of individuals. 

Section 3. State Not to be a Stockholder. The state shall not 
become a stockholder in any corporation, nor shall it assume or pay 
the debt or liability of any corporation, unless incurred in time of 
war, for the benefit of the state. 

Section 4. Corporation Not to be a Stockholder. Xo political 
or municipal corporation shall become a stockholder in any bank- 
ing corporation, directly or indirectly. 

Section 5. Act Creating Corporation Submitted to the People. 
Xo act of the general assembly, authorizing or creating corpora- 



328 IOWA AND THE NATION 

tions or associations with banking powers, nor amendments thereto, 
shall take effect or in any manner be in force, until the same shall 
have been submitted, separately, to the people, at a general or special 
election, as provided by law, to be held not less than three months 
after the passage of the act, and shall have been approved by a 
majority of all the electors voting for and against it at such election. 

Section 6. State Banks. Subject to the provisions of the fore- 
going section, the general assembly may also provide for the estab- 
lishment of a state bank, with branches. 

Section 7. Founded on Specie Basis. If a state bank be estab- 
lished, it shall be founded on actual specie basis, and the branches 
shall be mutually responsible for each other's liabilities upon all 
notes, bills, and other issues intended for circulation as money. 

Section 8. General Banking Laiu to be Provided For. If a 
general banking law shall be enacted, it shall provide for the 
registry and countersigning, by an officer of state, of all bills or 
paper credit designed to circulate as money, and require security 
to the full amount thereof, to be deposited with the state treasurer, 
in United States stocks, or in interest-paying stocks of states in good 
credit and standing, to be rated at ten per cent below their average 
value in the city of New York, for the thirty days next preceding 
their deposit ; and in case of a depreciation of any portion of such 
stocks, to the amount of ten per cent on the dollar, the bank or 
banks owning said stocks shall be required to make up said deficiency 
by depositing additional stocks ; and said law shall also provide for 
the recording of the names of all stockholders in such corporations, 
the amount of stock held by each, the time of any transfer and to 
whom. 

Section 9. Stockholders Responsible. Every stockholder in a 
banking corporation or institution shall be individually responsible 
and liable to its creditors, over and above the amount of stock by 
him or her held, to an amount equal to his or her respective shares 
so held, for all of its liabilities, accruing while he or she remains 
such stockholder. 

Section 10. Bill Holders to Have Preference. In case of the 
insolvency of any banking institution, the bill holders shall have a 
preference over its other creditors. 

Section 11. Suspension of Specie Payments. The suspension of 



APPENDIX I 329 

specie payments by banking institutions shall never be permitted or 
sanctioned. 

Section 12. General Assembly May Amend or Repeal by Two- 
Thirds Vote. Subject to the provisions of this article, the general 
assembly shall have power to amend or repeal all laws for the organ- 
ization or creation of corporations, or granting of special or exclusive 
privileges or immunities, by a vote of two-thirds of each branch of the 
general assembly ; and no exclusive privileges, except as in this 
article provided, shall ever be granted. 



ARTICLE IX.— Education and School Lands 

FIRST — EDUCATION 

Section 1. Board of Education. The educational interest of the 
state, including common schools and other educational institutions, 
shall be under the management of a Board of Education, which 
shall consist of the lieutenant-governor, who shall be the presiding 
officer of the board, and have the casting vote in case of a tie, and 
one member to be elected from each judicial district in the state. 

Section 2. Who Eligible. No person shall be eligible as a mem- 
ber of said board who shall not have attained the age of twenty- 
five years, and shall have been one year a citizen of the state. 

Section 3. How Elected; Hozv Divided. One member of said 
board shall be chosen by the qualified electors of each district, and 
shall hold the office for the term of four years, and until his suc- 
cessor is elected and qualified. After the first election under this 
constitution, the board shall be divided, as nearly as practicable, 
into two equal classes, and the seats of the first class shall be vacated 
after the expiration of two years, and one-half of the board shall 
be chosen every two years thereafter. 

Section 4. First Session Held. The first session of the board 
of education shall be held at the seat of government, on the first 
Monday of December after their election, after which the general 
assembly may fix the time and place of meeting. 

Section 5. Limited to Twenty Days. The session of the board 
shall be limited to twenty days, and but one session shall be held in 
any one year, except upon extraordinary occasions, when, upon the 



330 IOWA AND THE NATION 

recommendation of two-thirds of the board, the governor may order 
a special session. 

Section 6. Secretary. The board of education shall appoint a 
secretary who shall be the executive officer of the board, and per- 
form such duties as may be imposed upon him by the board, and 
the laws of the state. They shall keep a journal of their proceed- 
ings, which shall be published and distributed in the same manner 
as the journals of the general assembly. 

Section 7. Rules and Regulations of Board. All rules and reg- 
ulations made by the board shall be published and distributed to 
the several counties, townships, and school districts, as may be 
provided for by the board, and when so made, published, and dis- 
tributed, they shall have the force and effect of law. 

Section 8. Powers: Rules, Hove Repealed. The board of educa- 
tion shall have full power and authority to legislate and make all 
needful rules and regulations in relation to common schools and 
other educational institutions that are instituted, to receive aid 
from the school or university fund of this state ; but all acts, rules 
and regulations of said board may be altered, amended, or repealed 
by the general assembly, and when so altered, amended, or repealed, 
they shall not be re-enacted by the board of education. 

Section 9. Governor, Ex-OMcio, a Member. The governor of 
the state shall be, ex-ofhcio, a member of said board. 

Section 10. Contingent. The board shall have no power to levy 
taxes, or make appropriations of money. Their contingent expenses 
shall be provided for by the general assembly. 

Section 11. State University. The state university shall be es- 
tablished at one place without branches at any other place, and the 
university fund shall be applied to that institution and no other. 

Section 12. Board of Education to Provide for Education of 
Youths of the State. The board of education shall provide for 
•the education of all the youths of the state, through a system of 
common schools, and such schools shall be organized and kept in 
each school district at least three months in each year. Any dis- 
trict failing, for two consecutive years, to organize and keep up a 
school, as aforesaid, may be deprived of their portion of the school 
fund. 

Section 13. Compensation. The members of the board of edu- 



APPENDIX I 331 

cation shall each receive the same per diem during the time of 
their session, and mileage going to and returning therefrom, as 
members of the general assembly. 

Section 14. Quorum; Style of Acts. A majority of the board 
shall constitute a quorum for the transaction of business, but no 
rule, regulation, or law for the government of common schools or 
other educational institutions shall pass without the concurrence of 
a majority of all the members of the board, which shall be expressed 
by the yeas and nays on the final passage. The style of all acts of 
the board shall be : "Be it enacted by the Board of Education of the 
State of Iowa." 

Section 15. When Board May be Abolished. At any time after 
the year one thousand eight hundred and sixty-three, the general 
assembly shall have power to abolish or reorganize said board of 
education, and provide for the educational interests of the state in 
any other manner that to them shall seem best and proper. 



SECOND — SCHOOL FUNDS AND SCHOOL LANDS 

Section 1. Under Control of General Assembly. The educational 
and school funds and lands shall be under the control and manage- 
ment of the general assembly of this state. 

Section 2. Permanent Fund. The university lands, and the pro- 
ceeds thereof, and all moneys belonging to said fund shall be a per- 
manent fund for the sole use of the state university. The interest 
arising from the same shall be annually appropriated for the sup- 
port and benefit of said university. 

Section 3. Lands Appropriated to Educational Purposes. The 
general assembly shall encourage, by all suitable means, the pro- 
motion of intellectual, scientific, moral, and agricultural improve- 
ment. The proceeds of all lands that have been, or hereafter may 
be, granted by the United States to this state, for the support of 
schools, which may have been or shall hereafter be sold or disposed 
of, and the five hundred thousand acres of land granted to the new 
states, under an act of congress, distributing the proceeds of the 
public lands among the several states of the Union, approved in 
the year of our Lord one thousand eight hundred and forty-one, 
and all estates of deceased persons who may have died without 



332 IOWA AND THE NATION 

leaving a will or heir, and also such per cent as has been or may 
hereafter be presented by congress, on the sale of lands in this 
state, shall be and remain a perpetual fund, the interest of which, 
together with all rents of the unsold lands, and such other means 
as the general assembly may provide, shall be inviolably appro- 
priated to the support of common schools throughout the state. 

Section 4. Fines and Forfeitures, How Appropriated. The 
money which may have been or shall be paid by persons as an 
equivalent from exemption from military duty, and the clear pro- 
ceeds of all fines collected in the several counties for any breach 
of the penal laws, shall be exclusively applied, in the several coun- 
ties in which such money is paid, or fine collected, among the several 
school districts of said counties, in proportion to the number of 
youths subject to enumeration in such districts, to the support of 
common schools, or the establishment of libraries, as the board of 
education shall from time to time provide. 

Section 5. Lands Reserved or Granted, or Funds -Accruing from 
Sale thereof, to be a Permanent Fund. Interest Applied. The gen- 
eral assembly shall take measures for the protection, improvement, 
or other disposition of such lands as have been, or may hereafter 
be, reserved, or granted by the United States, or any person or 
persons, to this state, for the use of the university, and the funds 
accruing from the rents or sale of such lands, or from any other 
source for the purpose aforesaid, shall be and remain a permanent 
fund, the interest of which shall be applied to the support of said 
university, for the promotion of literature, the arts and sciences, as 
may be authorized by the terms of such grant; and it shall be the 
duty of the general assembly, as soon as may be, to provide effectual 
means for the improvement and permanent security of the funds of 
said university. 

Section 6. Who Agents of School Funds. The financial agents 
of the school funds shall be the same that by law receive and con- 
trol the state and county revenue, for other civil purposes, under 
such regulations as may be provided by law. 

Section 7. Money to be Distributed. The money subject to the 
support and maintenance of common schools shall be distributed 
to the districts in proportion to the number of youths between the 
ages of five and twenty-one years, in such manner as may be pro- 
vided by the general assembly. 



APPENDIX I 333 

ARTICLE X.— Amendments to the Constitution 

Section 1. Constitution, Any amendment or amendments to 
this constitution may be proposed in either house of the general 
assembly; and if the same shall be agreed to by a majority of the 
members elected to each of the two houses, -such proposed amend- 
ment shall be entered on their journals, with the yeas and nays 
taken thereon, and referred to the legislature to be chosen at the 
next general election, and shall be published, as provided by law, 
for three months previous to the time of making such choice; and 
if, in the general assembly so next chosen as aforesaid, such pro- 
posed amendment or amendments shall be agreed to, by a majority 
of all the members elected to each house, then it shall be the duty 
of the general assembly to submit such proposed amendment or 
amendments to the people in such manner and at such time as the 
general assembly shall provide ; and if the people shall approve and 
ratify such amendment or amendments by a majority of the electors 
qualified to vote for members of the general assembly, voting thereon, 
such amendment or amendments shall become a part of the constitu- 
tion of this state. 

Section 2. More than One. If two or more amendments shall 
be submitted at the same time, \hey shall be submitted in such 
manner that the electors shall vote for or against each of such 
amendments separately. 

Section 3. Convention. At the general election to be held in the 
year one thousand eight hundred and seventy, and in each tenth 
year thereafter, and also at such times as the general assembly may 
by law provide, the question, "Shall there be a Convention to revise 
the Constitution and amend the same?" shall be decided by the 
electors qualified to vote for members of the general assembly ; and 
in case a majority of the electors so qualified, voting at such election 
for and against such proposition, shall decide in favor of a conven- 
tion for such purpose, the general assembly at its next session, shall 
provide by law for the election of delegates to such convention. 

ARTICLE XI. — Miscellaneous 

Section 1. Jurisdiction of Justice of the Peace. The jurisdic- 
tion of justices of the peace shall extend to all civil cases (except 
cases in chancery, and cases where the question of title to real estate 



334 IOWA AND THE NATION 

may arise) where the amount in controversy does not exceed one 
hundred dollars, and by the consent of parties may be extended to 
any amount not exceeding three hundred dollars. 

Section 2. Counties. No new county shall be hereafter created 
containing less than four hundred and thirty-two square miles, nor 
shall the territory of any organized county be reduced below that 
area, except the county of Worth, and the counties west of it, along 
the northern boundary of this state, may be organized without 
additional territory. 

Section 3. To What Amount Counties May Become Indebted. 
No county, or other political or municipal corporation, shall be 
allowed to become indebted, in any manner or for any purpose, to 
an amount, in the aggregate, exceeding five per centum of the value 
of the taxable property within such county or corporation — to be 
ascertained by the last state and county tax lists, previous to the 
incurring of such indebtedness. 

Section 4. Boundaries. The boundaries of this state may be en- 
larged, with the consent of congress and the general assembly. 

Section 5. Oath of Office. Every person elected or appointed to 
any office, shall, before entering upon the duties thereof, take an 
oath or affirmation to support the constitution of the United States, 
and of this state, and also an oath of office. 

Section 6. How Vacancies Filled. In all cases of elections to 
fill vacancies in office occurring before the expiration of a full term, 
the person so elected shall hold for the residue of the unexpired 
term ; and all persons appointed to fill vacancies in office shall hold 
until the next general election, and until their successors are elected 
and qualified. 

Section 7. How Lands Granted May be Located. The general 
assembly shall not locate any of the public lands which have been 
or may be granted by congress to this state, and the location of 
which may be given to the general assembly, upon lands actually 
settled, without the consent of the occupant. The extent of the 
claim of such occupant so exempted shall not exceed three hundred 
and twenty acres. 

Section 8. Seat of Government. The seat of government is 
hereby permanently established, as now fixed by law, at the city 



APPENDIX I 335 

of Des Moines, in the county of Polk ; and the state university at 
Iowa City, in the county of Johnson. 



ARTICLE XII.— Schedule 

Section 1. Supreme Law of the State. The constitution shall 
be the supreme law of the state, and any law inconsistent therewith 
shall be void. The general assembly shall pass all laws necessary 
to carry this constitution into effect. 

Section 2. Laws in Force. All laws now in force and not incon- 
sistent with this constitution, shall remain in force until they shall 
expire or be repealed. 

Section 3. Legal Process Not Affected. All indictments, prose- 
cutions, suits, pleas, plaints, process, and other proceedings pend- 
ing in any of the courts, shall be prosecuted to final judgment and 
execution; and all appeals, writs of error, certiorari and injunc- 
tions, shall be carried on in the several courts, in the same manner 
as now provided by law, and all offenses, misdemeanors and crimes 
that may have been committed before the taking effect of this con- 
stitution, shall be subject to indictment, trial and punishment, in the 
same manner as they would have been had not this constitution been 
made. 

Section 4. Fines, Etc., Inure to the State. All fines, penalties, 
or forfeitures due, or to become due, or accruing to the state, or to 
any county therein, or to the school fund, shall inure to the state, 
county, or school fund in the manner prescribed by law. 

Section 5. Bonds in Force. All bonds executed to the state, or 
to any officer in his official capacity, shall remain in force and 
inure to the use of those concerned. 

Section 6. First Election. Governor and Lieutenant-Governor. 
The election under this constitution shall be held on the second Tues- 
day in October, in the year one thousand eight hundred and fifty- 
seven, at which time the electors of the state shall elect the governor 
and lieutenant-governor. There shall also be elected at such election 
the successors of such state senators as were elected at the August 
election, in the year one thousand eight hundred and fifty-four, and 
members of the house of representatives, who shall be elected in 
accordance with the act of apportionment, enacted at the session 



336 IOWA AND THE NATION 

of the general assembly which commenced on the first Monday of 
December, one thousand eight hundred and fifty-six. 

Section 7. Secretary, Auditor, Etc. The first election for secre- 
tary, auditor, and treasurer of state, attorney-general, district 
judges, members of the board of education, district attorneys, mem- 
bers of congress, and such .state officers as shall be elected at the 
April election in the year one thousand eight hundred and fifty- 
seven (except the superintendent of public instruction), and such 
county officers as were elected at the August election in the year 
one thousand eight hundred and fifty-six, except prosecuting attor- 
neys, shall be held on the second Tuesday of October, one thousand 
eight hundred and fifty-eight : Provided, that the time for which 
any district judge or other state or county officer elected at the 
April election in the year one thousand eight hundred and fifty- 
eight, shall not extend beyond the time fixed for filling like offices 
at the October election, in the year one thousand eight hundred and 
fifty-eight. 

Section 8. Judges of Supreme Court. The first election for 
judges of the supreme court, and such county officers as shall be 
elected at the August election, in the year one thousand eight hun- 
dred and fifty-seven, shall be held on the second Tuesday of October, 
in the year one thousand eight hundred and fifty-nine. 

Section 9. First Session, General Assembly. The first regular 
session of the general assembly shall be held in the year one thou- 
sand eight hundred and fifty-eight, commencing on the second 
Monday of January of said year. 

Section 10. Senators. Senators elected at the August election, 
in the year one thousand eight hundred and fifty-six, shall continue 
in office until the second Tuesday of October, in the year one .thou- 
sand eight hundred and fifty-nine, at which time their successor 
shall be elected as may be prescribed by law. 

Section 11. Offices Not Vacated by New Constitution. Every 
person elected by popular vote, by a vote of the general assembly, 
or who may hold office by executive appointment, which office is 
continued by this constitution, and every person who shall be so 
elected or appointed to any such office, before the taking effect of 
this constitution (except as in this constitution otherwise provided), 
shall continue in office until the term for which such person has 
been or may be elected or appointed shall expire; but no such person 



APPENDIX I 337 

shall continue in office after the taking effect of this constitution, 
for a longer period than the term of such office in this constitution 
prescribed. 

Section 12. State to be Districted. The general assembly, at 
the first session under this constitution, shall district the state into 
eleven judicial districts, for district court purposes; and shall also 
provide for the apportionment of the members of the general assem- 
bly in accordance with the provisions of this constitution. 

Section 13. Constitution to be Voted for August, 1857. This 
constitution shall be submitted to the electors of the state at the 
August election, in the year one thousand eight hundred and fifty- 
seven, in the several election districts in this state. The ballots at 
such election shall be written or printed, as follows : Those in favor 
of the constitution, "New Constitution — Yes." Those against the 
constitution, "New Constitution — No." The election shall be con- 
ducted in the same manner as the general elections of the state, and 
the poll-books shall be returned and canvassed as provided in the 
twenty-fifth chapter of the code, and abstracts shall be forwarded to 
the secretary of state, which abstracts shall be canvassed in the 
manner provided for the canvass of state officers ; and if it shall 
appear that a majority of all the votes cast at such election for and 
against this constitution are in favor of the same, the governor shall 
immediately issue his proclamation stating that fact, and such con- 
stitution shall be the constitution of the state of Iowa, and shall 
take effect from and after the publication of said proclamation. 

Section 14. Proposition to Strike Out the Word "White." At 
the same election at which this constitution is submitted to the 
people for its adoption or rejection, a proposition to amend the 
same by striking out the word "white" from the article on the 
''Right of Suffrage," shall be separately submitted to the electors 
of this state for adoption or rejection, in the manner following, 
viz. : A separate ballot may be given by every person having a right 
to vote at said election, to be deposited in a separate box. And 
those given for the adoption of such proposition shall have the 
words, "Shall the word 'white' be stricken out of the article on the 
'Right of Suffrage?' Yes." And those given against the proposition 
shall have the words, "Shall the word 'white' be stricken out of the 
article on the 'Right of Suffrage?' No." And if at said election 
the number of ballots cast in favor of said proposition shall be equal 
to a majority of those cast for and against this constitution, then 



338 



IOWA AND THE NATION 



said word "white" shall be stricken from said article and be no part 
thereof. 

Section 15. Mills County. Until otherwise directed by law, the 
county of Mills shall be in and a part of the sixth judicial district 
of this state. 

Done in convention at Iowa City, this fifth day of March, in the 
year of our Lord one thousand eight hundred and fifty-seven, 
and of the Independence of the United States of America the 
eighty-first. 



SIGNERS 



Timothy Day, 
S. G. Winchester, 
David Bunker, 
D. P. Palmer, 
Geo. W. Ells, 
J. C. Hall, 
John H. Peters, 
Wm. H. Warren, 
H. W. Gray, 
Robt. Gower, 
H. D. Gibson, 
Thomas Seeley, 
A. H. Marvin, 
J. H. Emerson, 
R. L. B. Clarke, 
James A. Young, 
D. H. Solomon, 
Attest : 

Th. J. Saunders, See', 
E. N. Bates, Assistant 



W. W. Robinson, 
Lewis Todhunter, 
John Edwards, 
J. C. Traer, 
James F. Wilson, 
Amos Harris, 
Jno. T. Clarke, 
S. Ayres, 
Harvey J. Skiff, 
J. A. Parvin, 
W. Penn Clark, 
Jere Hollingsworth, 
Wm. Patterson, 
D. W. Price, 
Alpheas Scott, 
Geo. Gillaspy, 
Edward Johnston, 
Francis Springer, Pres. 



v- 



Sec'y. 



Summary of Amendments 

By vote of the people, November 3d, 1868, and proclamation of 
the Governor, December 8th, 1868: 

1st. Strike the word "white" from section one of article two 
thereof. 

2d. Strike the word "white" from section thirty-three of article 
three thereof. 






APPENDIX I 339 

3d. Strike the word "white" from section thirty-four of article 
three thereof. 

4th. Strike the word "white" from section thirty-five of article 
three thereof. 

5th. Strike the word "white" from section one of article six 
thereof. 

By vote of the people, November 2d, 1880, and certificate of the 
Board of State Canvassers, December 3d, 1880 : 

Strike out the words "free white" from the third line of section 
four [4] of article three [3] of said constitution, relating to the 
legislative department. 

By vote of the people, June 27th, 1882, and certificate of the Board 
of State Canvassers, July 28th, 1882: 

Section 26. No person shall manufacture, for sale or sell, or 
keep for sale, as a beverage, any intoxicating liquors whatever, 
including ale, wine and beer. The general assembly shall by law 
prescribe regulations for the enforcement of the prohibition herein 
contained, and shall thereby provide suitable penalties for the viola- 
tion of the provisions hereof. 

[The supreme court, April 21st, 1883, held that the amendment, 
Section 26, as submitted to the electors did not become a part of 
the constitution.] 

By vote of the people, November 4th, 1884, and certificate of the 
Board of State Canvassers, December 10th, 1884 : 

Amendment 1. The general election for state, district, county 
and township officers, shall be held on the Tuesday next after the 
first Monday in November. 

Amendment 2. At any regular session of the general assembly 
the state may be divided into the necessary judicial districts for 
district court purposes, or the said districts may be reorganized and 
the number of the districts and the judges of said courts increased 
or diminished ; but no reorganization of the districts or diminution 
of the judges shall have the effect of removing a judge from office. 

Amendment 3. The grand jury may consist of any number of 
members, not less than five, nor more than fifteen, as the general 
assembly may by law provide, or the general assembly may provide 
for holding persons to answer for any criminal offense without the 
intervention of a grand jury. 



340 IOWA AND THE NATION 

Amendment 4. That section 13 of article 5 of the constitution 
be stricken therefrom, and the following adopted as such section : 

Section 13. The qualified electors of each county shall, at the 
general election in the year 1886, and every two years thereafter, 
elect a county attorney, who shall be a resident of the county for 
which he is elected, and shall hold his office for two years, and 
until the successor shall have been elected and qualified. 



APPORTIONMENT OF SENATORS AND REPRESENTA- 
TIVES 

Amendments ratified by the people of the state of Iowa, November 
9, 1904. 

Amending sections thirty-four, thirty-five and thirty-six of article 
three of the state constitution. 

Section 34. The senate shall be composed of fifty members to 
be elected from the several senatorial districts, established by law 
and at the next session of the general assembly held following the 
taking of the state and national census, they shall be apportioned 
among the several counties or districts, according to the population 
as shown by the last preceding census. 

Section 35. The house of representatives shall consist of not 
more than one hundred and eight members. The ratio of repre- 
sentation shall be determined by dividing the whole number of the 
population of the state as shown by the last preceding state or 
national census by the whole number of counties then existing or 
organized, but each county shall constitute one representative dis- 
trict and be entitled to one representative, but each county having 
a population in excess of the ratio number, as herein provided, of 
three-fifths or more of such ratio number shall be entitled to one 
additional representative, but said addition shall extend only to the 
nine counties having the greatest population. 

Section 36. The general assembly shall at the first regular 
session following the adoption of this amendment, and at each 
succeeding regular session held next after the taking of such census, 
fix the ratio of representation, and apportion the additional repre- 
sentatives, as hereinbefore required. 



APPENDIX I 341 

BIENNIAL ELECTION AMENDMENT 

Add as section sixteen to article twelve of the constitution, the 
following : 

Section 16. The first general election after the adoption of this 
amendment shall be held on the Tuesday next after the first Monday 
in November in the year one thousand nine hundred and six, and 
general elections shall be held biennially thereafter. In the year 
one thousand nine hundred and six there shall be elected a governor, 
lieutenant-governor, secretary of state, auditor of state, treasurer 
of state, attorney general, two judges of the supreme court, the 
successors of the judges of the district court whose terms of office 
expire on December 31st, one thousand nine hundred and six, state 
senators who would otherwise be chosen in the year one thousand 
nine hundred and five, and members of the house of representatives. 
The terms of office of the judges of the supreme court which would 
otherwise expire December 31st, in odd numbered years, and all 
other elective state, county and township officers, whose terms of 
office would otherwise expire in January in the year one thousand 
nine hundred and six, and members of the general assembly whose 
successors would otherwise be chosen in the year one thousand nine 
hundred and five, are hereby extended one year and until their 
successors are elected and qualified. The general assembly shall 
whose successors would otherwise be chosen in the year one thousand 
nine hundred and seven are hereby extended one year and until their 
successors are elected and qualified. The General Assembly shall 
make such changes in the law governing the time of election and 
terms of office of all other elective officers as shall be necessary to 
make the time of their election and terms of office conform to this 
amendment, and shall provide which of the judges of the supreme 
court shall serve as chief justice. The general assembly shall 
meet in regular session on the second Monday in January, in the 
year one thousand nine hundred and six, and also on the second 
Monday in January in the year one thousand nine hundred and 
seven, and biennially thereafter. 



APPENDIX II 
CONSTITUTION OF THE UNITED STATES 

1. We, the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquillity, provide 
for the common defense, promote the general welfare, and secure 
the blessings of liberty to ourselves and our posterity, do ordain 
and establish this constitution for the United States of America. 

ARTICLE I 

SECTION I 

2. All legislative powers herein granted shall be vested in a 
congress of the United States, which shall consist of a senate and 
house of representatives. 

SECTION II 

3. The house of representatives shall be composed of members 
chosen every second year by the people of the several states, and 
the electors in each state shall have the qualifications requisite for 
electors of the most numerous branch of the state legislature. 

4. No person shall be a representative who shall not have attained 
the age of twenty-five years, and been seven years a citizen of the 
United States, and who shall not, when elected, be an inhabitant of 
that state in which he shall be chosen. 

5. Representatives and direct taxes shall be apportioned among 
the several states which may be included within this Union, accord- 
ing to their respective numbers, which shall be determined by adding 
to the whole number of free persons, including those bound to 
service for a term of years, and excluding Indians not taxed, three- 
fifths of all other persons. The actual enumeration shall be made 
within three years after the first meeting of the congress of the 
United States, and within every subsequent term of ten years, in 

342 



APPENDIX II 343 

such manner as they shall by law direct. The number of repre- 
sentatives shall not exceed one for every thirty thousand, but each 
state shall have at least one representative ; and until such enumera- 
tion shall be made, the state of New Hampshire shall be entitled to 
choose three, Massachusetts eight, Rhode Island and Providence 
Plantations one, Connecticut five, New York six, New Jersey four, 
Pennsylvania tight, Delaware one, Maryland six, Virginia ten, North 
Carolina five, South Carolina five, and Georgia three. 

6. When vacancies happen in the representation from any state, 
the executive authority thereof shall issue writs of election to fill 
such vacancies. 

7. The house of representatives shall choose their speaker and 
other officers, and shall have the sole power of impeachment. 

SECTION III 

8. The senate of the United States shall be composed of two 
senators from each state, chosen by the legislature thereof, for six 
years ; and each senator shall have one vote. 

9. Immediately after they shall be assembled in consequence of 
the first election, they shall be divided as equally as may be into 
three classes. The seats of the senators of the first class shall be 
vacated at the expiration of the second year ; of the second class, 
at the expiration of the fourth year, and of the third class, at the 
expiration of the sixth year, so that one-third may be chosen every 
second year; and if vacancies happen by resignation or otherwise 
during the recess of the legislature of any state, the executive 
thereof may make temporary appointments until the next meeting 
of the legislature, which shall then fill such vacancies. 

10. No person shall be a senator who shall not have attained to 
the age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that 
state for which he shall be chosen. 

11. The vice-president of the United States shall be president of 
the senate, but shall have no vote, unless they be equally divided. 

12. The senate shall choose their other officers, and also a presi- 
dent pro tempore in the absence of the vice-president, or when he 
shall exercise the office of president of the United States. 

13. The senate shall have the sole power to try all impeachments. 
When sitting for that purpose they shall be on oath or affirmation. 
When the president of the United States is tried, the Chief justice 



344 IOWA AND THE NATION 

shall preside ; and no person shall be convicted without the con- 
currence of two-thirds of the members present. 

14. Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and enjoy- 
any office of honor, trust, or profit under the United States ; but 
the party convicted shall, nevertheless, be liable and subject to 
indictment, trial, judgment, and punishment, according to law. 

SECTION IV 

15. The times, places, and manner of holding elections for 
senators and representatives shall be prescribed in each state by 
the legislature thereof ; but the congress may at any time by law 
make or alter such regulations, except as to the places of choosing 
senators. 

16. The congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless they 
shall by law appoint a different day. 

section v 

17. Each house shall be the judge of the elections, returns, and 
qualifications of its own members, and a majority of each shall 
constitute a quorum to do business ; but a smaller number may 
adjourn from day to day, and may be authorized to compel the 
attendance of absent members, in such manner, and under such 
penalties, as each house may provide. 

18. Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and with the concur- 
rence of two-thirds, expel a member. 

19. Each house shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts as may 
in their judgment require secrecy, and the yeas and nays of the 
members of either house on any question shall, at the desire of one- 
fifth of those present, be entered on the journal. 

20. Neither house during the session of congress shall, with- 
out the consent of the other, adjourn for more than three days, nor 
to any other place than that in which the two houses shall be sitting. 

SECTION VI 

21. The senators and representatives shall receive a compensa- 
tion for their services, to be ascertained by law and paid out of 



APPENDIX II 345 

the treasury of the United States. They shall, in all cases except 
treason, felony, and breach of the peace be privileged from arrest 
during their attendance at the session of their respective houses, 
and in going to and returning from the same ; and for any speech 
or debate in either house they shall not be questioned in any 
other place. 

22. No senator or representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority 
of the United States, which shall have been created, or the emolu- 
ments whereof shall have been increased during such time ; and 
no person holding any office under the United States shall be a 
member of either house during his continuance in office. 

SECTION VII 

23. All bills for raising revenue shall originate in the house of 
representatives ; but the senate may propose or concur with amend- 
ments as on other bills. 

24. Every bill which shall have passed the house of representa- 
tives and the senate shall, before it becomes a law, be presented to 
the president of the United States ; if he approve, he shall sign it, 
but if not he shall return it, with his objections, to that house in 
which it shall have originated, who shall enter the objections at 
large on their journal and proceed to reconsider it. If after such 
reconsideration two-thirds of that house shall agree to pass the 
bill, it shall be sent, together with the objections, to the other house, 
by which it shall likewise be reconsidered, and if approved by two- 
thirds of that house it shall become a law. But in all such cases 
the votes of both houses shall be determined by yeas and nays, and 
the names of the persons voting for and against the bill shall be 
entered on the journal of each house respectively. If any bill shall 
not be returned by the president within ten days (Sundays excepted) 
after it shall have been presented to him, the same shall be a law, 
in like manner as if he had signed it, unless the congress by their 
adjournment prevent its return, in which case it shall not be a law. 

25. Every order, resolution, or vote to which the concurrence of 
the senate and house of representatives may be necessary (except 
on a question of adjournment) shall be presented to the president of 
the United States ; and before the same shall take effect shall be 
approved by him, or being disapproved by him, shall be repassed 
by two-thirds of the senate and house of representatives, according 
to the rules and limitations prescribed in the case of a bill. 



346 IOWA AND THE NATION 

SECTION VIII 

26. The congress shall have power to lay and collect taxes, 
duties, imposts, and excises, to pay the debts and provide for the 
common defense and general welfare of the United States ; but all 
duties, imposts, and excises shall be uniform throughout the United 
States ; 

27. To borrow money on the credit of the United States ; 

28. To regulate commerce with foreign nations and among the 
several states, and with the Indian tribes ; 

29. To establish an uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United States; 

30. To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures ; 

31. To provide for the punishment of counterfeiting the securities 
and current coin of the United States ; 

32. To establish post-offices and post-roads ; 

33. To promote the progress of science and useful arts by secur- 
ing for limited times to authors and inventors the exclusive right to 
their respective writings and discoveries; 

34. To constitute tribunals inferior to the supreme court ; 

35. To define and punish piracies and felonies committed on the 
high seas and offenses against the law of nations ; 

36. To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water ; 

37. To raise and support armies, but no appropriation of money 
to that use shall be for a longer term than two years ; 

38. To provide and maintain a navy; 

39. To make rules for the government and regulation of the land 
and naval forces ; 

40. To provide for calling forth the militia to execute the laws 
of the Union, suppress insurrections, and repel invasions ; 

41. To provide for organizing, arming and disciplining the militia, 
and for governing such part of them as may be employed in the 
service of the United States, reserving to the states respectively 
the appointment of the officers, and the authority of training the 
militia according to the discipline prescribed by congress. 

42. To exercise exclusive legislation in all cases whatsoever over 
such district (not exceeding ten miles square) as may, by cession 
of particular states and the acceptance of congress, become the 
seat of the government of the United States, and to exercise like 



APPENDIX II 347 

authority over all places purchased by the consent of the legislature 
of the state in which the same shall be, for the erection of forts, 
magazines, arsenals, dockyards, and other needful buildings ; and 

43. To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other powers 
vested by this constitution in the government of the United States, 
or in any department or officer thereof. 

SECTION IX 

44. The migration or importation of such persons as any of the 
states now existing shall think proper to admit shall not be pro- 
hibited by the congress prior to the year one thousand eight hundred 
and eight, but a tax or duty may be imposed on such importation, 
not exceeding ten dollars for each person. 

45. The privilege of the writ of habeas corpus shall not be sus- 
pended, unless when in cases of rebellion or invasion the public 
safety may require it. 

46. No bill of attainder or ex post facto law shall be passed. 

47. No capitation or other direct tax shall be laid, unless in 
proportion to the census or enumeration hereinbefore directed to 
be taken. 

48. No tax or duty shall be laid on articles exported from any 
state. 

49. No preference shall be given by any regulation of commerce 
or revenue to the ports of one state over those of another ; nor 
shall vessels bound to or from one state be obliged to enter, clear, 
or pay duties in another. 

50. No money shall be drawn from the treasury but in conse- 
quence of appropriations made by law ; and a regular statement 
and account of the receipts and expenditures of all public money 
shall be published from time to time. 

51. No title of nobility shall be granted by the United States; 
and no person holding any office of profit or trust under them 
shall, without the consent of the congress, accept of any present, 
emolument, office, or title, of any kind, whatever, from any king 
prince, or foreign state. 

section x 

52. No state shall enter into any treaty, alliance, or confederation ; 
grant letters of marque and reprisal ; coin money ; emit bills of 



348 IOWA AND THE NATION 

credit; make anything but gold and silver coin a tender in payment 
of debts; pass any bill of attainder, ex post facto law, or law impair- 
ing the obligation of contracts, or grant any title of nobility. 

53. No state shall, without the consent of congress, lay any 
imposts or duties on imports or exports, except what may be abso- 
lutely necessary for executing its inspection laws, and the net produce 
of all duties and imposts, laid by any state on imports or exports, 
shall be for the use of the treasury of the United States; and all 
such laws shall be subject to the revision and control of the congress. 

54. No state shall, without the consent of congress, lay any duty 
of tonnage, keep troops or ships of war in time of peace, enter into 
any agreement or compact with another state or with a foreign 
power, or engage in war, unless actually invaded or in such imminent 
danger as will not admit of delay. 

ARTICLE II 

SECTION I 

55. The executive power shall be vested in a president of the 
United States of America. He shall hold his office during the 
term of four years, and together with the vice-president, chosen 
for the same term, be elected as follows : 

56. Each state shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole number 
of senators and representatives to which the state may be entitled 
in the congress ; but no senator or representative, or person holding 
an office of trust or profit under the United States, shall be 
appointed an elector. 

This clause was superseded by the twelfth amendment to the 
constitution, which reads as follows : 

The electors shall meet in their respective states and vote by 
ballot for two persons, of whom one at least shall not be an inhab- 
itant of the .same state with themselves. And they shall make a 
list of all the persons voted for, and of the number of votes for 
each ; which list they shall .sign and certify, and transmit sealed to 
the seat of government of the United States, directed to the presi- 
dent of the senate. The president of the senate shall, in the presence 
of the senate and house of representatives, open all the certificates; 
and the votes shall then be counted. The person having the greatest 
number of votes shall be the president, if such number be a majority 



APPENDIX II 349 

of the whole number of electors appointed; and if there be more than 
one who have such majority, and have an equal number of votes, then 
the house of representatives shall immediately choose by ballot one 
of them for president; and if no person have a majority, then from 
the five highest on the list the said house shall in like manner 
choose the president. But in choosing the president the votes shall 
be taken by states, the representation from each state having one 
vote; a quorum for this purpose shall consist of a member or mem- 
bers from two-thirds of the states, and a majority of all the states 
shall be necessary to a choice. In every case, after the choice of 
■the president, the person having the greatest number of votes of 
the electors shall be the vice-president. But if there should remain 
two or more who have equal votes, the senate shall choose from 
them by ballot the vice-president. 

57. The congress may determine the time of choosing the electors 
and the day on which they shall give their votes, which day shall 
be the same throughout the United States. 

58. No person except a natural born citizen, or a citizen of the 
United States at the time of the adoption of this constitution, shall 
be eligible to the office of president; neither shall any person be 
eligible to that office who shall not have attained to the age of thirty- 
five years, and been fourteen years a resident within the United 
States. 

59. In case of the removal of the president from office, or of his 
death, resignation or inability to discharge the powers and duties 
of the said office, the same shall devolve on the vice-president, and 
the congress may by law provide for the case of removal, death, 
resignation or inability, both of the president and vice-president, 
declaring what officer shall then act as president, and such officer 
shall act accordingly until the disability be removed or the president 
.shall be elected. 

60. The president shall, at stated times, receive for his services 
a compensation, which shall neither be increased nor diminished 
during the period for which he may have been elected, and he shall 
not receive within that period any other emolument from the 
United States or any of them. 

61. Before he enter on the execution of his office he shall take 
the following oath or affirmation : 

"I do solemnly swear (or affirm) that I will faithfully execute 
the office of president of the United States, and will to the best of 



350 IOWA AND THE NATION 

my ability preserve, protect and defend the constitution of the 
United States." 

SECTION II 

62. The president shall be commander-in-chief of the army and 
navy of the United States, and of the militia of the several states 
when called into the actual service of the United States ; he may 
require the opinion, in writing, of the principal officer in each of 
the executive departments upon any .subject relating to the duties 
of their respective offices, and he shall have power to grant 
reprieves and pardons for offenses against the United States, except 
in cases of impeachment. 

63. He shall have power, by and with the advice and consent of 
the senate, to make treaties, provided two-thirds of the senators 
present concur; and he shall nominate, and, by and with the advice 
and consent of the senate, shall appoint ambassadors, other public 
ministers and consuls, judges of the supreme court, and all other 
officers of the United States whose appointments are not herein 
otherwise provided for, and which shall be established by law ; but 
the congress may by law vest the appointment of such inferior 
officers as they think proper, in the president alone, in the courts 
of law or in the heads of departments. 

64. The president shall have power to fill up all vacancies that 
may happen during the recess of the senate, by granting commis- 
sions which shall expire at the end of their next session. 

SECTION III 

65. He shall from time to time give to the congress information 
of the state of the Union, and recommend to their consideration 
such measures as he shall judge necessary and expedient; he may, 
on extraordinary occasions, convene both houses, or either of them, 
and in case of disagreement between them with respect .to the 
time of adjournment, he may adjourn them to such time as he shall 
think proper; he shall receive ambassadors and other public 
ministers ; he shall take care that the laws be faithfully executed, 
and shall commission all the officers of the United States. 

SECTION IV 

66. The president, vice-president, and all civil officers of the 
United States shall be removed from office on impeachment for 
and conviction of treason, bribery, or other high crimes and mis- 
demeanors. 



APPENDIX II 351 

ARTICLE III 

SECTION I 

67. The judicial power of the United States shall be vested in 
one supreme court, and in such inferior courts as the congress may 
from time to time ordain and establish. The judges, both of the 
supreme and inferior courts, shall hold their offices during good 
behavior, and shall, at stated times, receive for their services a 
compensation which shall not be diminished during their continu- 
ance in office. 

SECTION II 

68. The judicial power shall extend to all cases in law and 
equity arising under this constitution, the laws of the United 
States, and treaties made, or which shall be made, under their 
authority ; to all cases affecting ambassadors, other public ministers 
and consuls; to all cases of admiralty and maritime jurisdiction; 
to controversies to which the United States shall be a party ; 
to controversies between two or more states ; between a state and 
citizens of another state ; between citizens of different states ; 
between citizens of the same state claiming lands under grants of 
different states, and between a state, or the citizens thereof, and 
foreign states, citizens or subjects. 

69. In all cases affecting ambassadors, other public ministers 
and consuls, and those in which a state shall be a party, the supreme 
court shall have original jurisdiction. In all the other cases before 
mentioned the supreme court shall have appellate jurisdiction, both 
as to law and fact, with such exceptions and under such regulations 
as the congress shall make. 

70. The trial of all crimes, except in cases of impeachment, shall 
be by jury; and such trial shall be held in the state where the said 
crimes shall have been committed ; but when not committed within 
any state, the trial shall be at such place or places as the congress 
may by law have directed. 

SECTION III 

71. Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, giving 
them aid and comfort. No person shall be convicted of treason 



352 IOWA AND THE NATION 

unless on the testimony of two witnesses to the same overt act, or 
on confession in open court. 

72. The congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood 
or forfeiture except during the life of the person attainted. 

ARTICLE IV 

SECTION I 

73. Full faith and credit shall be given in each state to the 
public acts, records, and judicial proceedings of every other state. 
And the congress may by general laws prescribe the manner in 
which such acts, records, and proceedings shall be proved, and the 
effect thereof. 

SECTION II 

74. The citizens of each state shall be entitled to all privileges 
and immunities of citizens in the several states. 

75. A person charged in any state with treason, felony, or other 
crime, who shall flee from justice, and be found in another state, 
shall, on demand of the executive authority of the state from which 
he fled, be delivered up, to be removed to the state having jurisdiction 
of the crime. 

76. No person held to service or labor in one state, under the 
laws thereof, escaping into another, shall, in consequence of any law 
or regulation therein, be discharged from such service or labor, but 
shall be delivered up on claim of the party to whom such service 
or labor may be due. 

SECTION III 

77. New states may be admitted by the congress into this Union ; 
but no new state shall be formed or erected within the jurisdiction 
of any other state; nor any state be formed by the junction of two 
or more states or parts of states, without the consent of the legisla- 
tures of the states concerned as well as of the congress. 

78. The congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other 
property belonging to the United States; and nothing in this con- 
stitution shall be so construed as to prejudice any claims of the 
United States or of any particular state. 



APPENDIX II 353 

SECTION IV 

79. The United States shall guarantee to every state in this 
Union a republican form of government, and shall protect each of 
them against invasion, and on application of the legislature, or of 
the executive (when the legislature cannot be convened), against 
domestic violence. 

ARTICLE V 

80. The congress, whenever two-thirds of both houses shall deem 
it necessary, shall propose amendments to this constitution, or, on 
the application of the legislatures of two-thirds of the several 
states, shall call a convention for proposing amendments, which in 
either case shall be valid to all intents and purposes as part of 
this constitution, when ratified by the legislatures of three-fourths 
of the several states, or by conventions in three-fourths thereof, 
as the one or the other mode of ratification may be proposed by 
the congress, provided that no amendments which may be made 
prior to the year one thousand eight hundred and eight shall in any 
manner affect the first and fourth clauses in the ninth section of the 
first article ; and that no state, without its consent, shall be deprived 
of its equal suffrage in the senate. 



ARTICLE VI 

81. All debts contracted and engagements entered into, before 
the adoption of this constitution shall be as valid against the United 
States under this constitution as under the confederation. 

82. This constitution, and the laws of the United States which 
shall be made in pursuance thereof, and all treaties made, or which 
shall be made, under the authority of the United States, shall be 
the supreme law of the land; and the judges in every state shall 
be bound thereby, anything in the .constitution or laws of any 
state to the contrary notwithstanding. 

83. The senators and representatives before mentioned, and the 
members of the several state legislatures and all executive and 
judicial officers, both of the United States and of the several states, 
shall be bound by oath or affirmation to support this constitution ; 
but no religious test shall ever be required as a qualification to any 
office or public trust under the United States. 



354 IOWA AND THE NATION 

ARTICLE VII 

84. The ratification of the conventions of nine states shall be 
sufficient for the establishment of this constitution between the 
states so ratifying the same. 

Done in convention by the unanimous consent of the states 

present, the seventeenth day of September, in the year of our 

Lord one thousand seven hundred and eighty-seven, and of the 

independence of the United States of America the twelfth. 

In witness whereof, we have hereunto subscribed our names. 
George Washington, President, and Deputy from Virginia. 
New Hampshire — John Langdon, Nicholas Gilman. 
Massachusetts — Nathaniel Gorman, Rufus King. 
Connecticut — William Samuel Johnson, Roger Sherman. 
New York — Alexander Hamilton. 
New Jersey — William Livingston, David Brearly, William Patterson, 

Jonathan Dayton. 
Pennsylvania — Benjamin Franklin, Thomas Mifflin, Robert Morris, 

George Clymer, Thomas Fitzsimons, Jared Ingersoll, James 

Wilson, Gouverneur Morris. 
Delaware — George Read, Gunning Bedford, Jr., John Dickinson, 

Richard Bassett, Jacob Broom. 
Maryland — James McHenry, Daniel of St. Thomas Jenifer. Daniel 

Carroll. 
Virginia — John Blair, James Madison, Jr. 
North Carolina — William Blount, Richard Dobbs Spaight, Hugh 

Williamson. 
South Carolina — John Rutledge, Charles Cotesworth Pinckney, 

Pierce Butler. 
Georgia — William Few, Abraham Baldwin. 

Attest : William Jackson, Secretary. 

AMENDMENTS 

ARTICLE I 

85. Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging the 
freedom of speech or of the press ; or the right of the people 
peaceably to assemble, and to petition the government for a redress 
of grievances. 



APPENDIX II 355 

ARTICLE II 

86. A well-regulated militia being necessary to the security of a 
free state, the right of the people to keep and bear arms shall not 
be infringed. 

ARTICLE III 

87. No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor in time of war, but in a 
manner to be prescribed by law. 

ARTICLE IV 

88. The right of the people to be secure in their persons, houses, 
papers, and effects, against Unreasonable searches and seizures, shall 
not be violated, and no warrants shall issue but upon probable 
cause, supported by oath or affirmation, and particularly describing 
the place to be searched, and the person or things to be seized. 

ARTICLE V 

89. No person shall be held to answer for a capital or other- 
wise infamous crime, unless on a presentment or indictment of a 
grand jury, except in cases arising in the land or naval forces, or 
in the militia, when in actual service in time of war or public 
danger; nor shall any person be subject for the same offense to be 
twice put in jeopardy of life or limb; nor shall be compelled in any 
criminal case to be a witness against himself, nor be deprived of 
life, liberty, or property, without due process of law ; nor shall 
private property be taken for public use without just compensation. 

ARTICLE VI 

90. In all criminal prosecutions the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of the state 
or district wherein the crime shall have been committed, which 
district shall have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation ; to be con- 
fronted with the witnesses against him ; to have compulsory process 
for obtaining witnesses in his favor, and to have the assistance 
of counsel for his defense. 



356 IOWA AND THE NATION 

ARTICLE VII 

91. In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall be 
preserved, and no fact tried by a jury shall be otherwise re-examined 
in any court of the United States, than according to the rules of the 
common law. 

ARTICLE VIII 

92. Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

ARTICLE IX 

93. The enumeration in the constitution of certain rights shall 
not be construed to deny or disparage others retained by the people. 

ARTICLE X 

94. The powers not delegated to the United States by the con- 
stitution, nor prohibited by it to the states, are reserved to the states 
respectively or to the people. 

ARTICLE XI 

95. The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced or prose- 
cuted against one of the United States by citizens of another state, 
or by citizens or subjects of any foreign state. 

ARTICLE XII 

This article is printed under Section I of Article II, since it has 
superseded that article in the election of president and vice- 
president. 

ARTICLE XIII 

98. Section 1. Neither slavery nor involuntary servitude, 
except as a punishment for crime whereof the party shall have 
been duly convicted, shall exist within the United States or any 
place subject to their jurisdiction. 

99. Section 2. Congress shall have power to enforce this article 
by appropriate legislation. 



APPENDIX II 357 

ARTICLE XIV 

100. Section 1. All persons born or naturalized in the United 
States and subject to the jurisdiction thereof, are citizens of the 
United States and of the state wherein they reside. No state shall 
make or enforce any law which shall abridge the privileges or 
immunities of citizens of the United States ; nor shall any state 
deprive any person of life, liberty or property, without due process of 
law; nor deny to any person within its jurisdiction the equal pro- 
tection of the laws. 

101. Section 2. Representatives shall be apportioned among 
the several states according to their respective numbers, counting 
the whole number of persons in each state, excluding Indians not 
taxed. But when the right to vote at any election for the choice 
of electors for president and vice-president of the United States, 
representatives in congress, the executive and judicial officers of a 
state, or the members of the legislature thereof, is denied to any of 
the male inhabitants of such state, being twenty-one years of age, 
and citizens of the United States, or in any way abridged, except 
for participation in rebellion, or other crime, the basis of repre- 
sentation therein shall be reduced in the proportion which the 
number of such male citizens shall bear to the whole number of male 
citizens twenty-one years of age in such state. 

102. Section 3. No person shall be a senator or representa- 
tive in congress, or elector of president and vice-president, or hold 
any office, civil or military, under the United States or under any 
state, who, having previously taken an oath as a member of con- 
gress, or as an officer of the United States, or as a member of any 
state legislature, or as an executive or judicial officer of any state, 
to support the constitution of the United States, shall have engaged 
in insurrection or rebellion against the same, or given aid or com- 
fort to the enemies thereof. But congress may, by a vote of two- 
thirds of each house, remove such disability. 

. 103. Section 4. The validity of the public debt of the United 
States, authorized by law, including debts incurred for payment 
of pensions and bounties for services in suppressing insurrection or 
rebellion, shall not be questioned. But neither the United States 
nor any state shall assume or pay any debt or obligation incurred 
in aid of insurrection or rebellion against the United States, or 
any claim for the loss or emancipation of any slave ; but all such 
debts, obligations, and claims shall be held illegal and void. 



358 IOWA AND THE NATION 

104. Section 5. The congress shall have power to enforce, by- 
appropriate legislation, the provisions of this article. 

ARTICLE XV 

105. Section 1. The right of citizens of the United States to 
vote shall not be denied or abridged by the United States or by 
any state on account of race, color, or previous condition of 
servitude. 

106. Section 2. The congress shall have power to enforce this 
article by appropriate legislation. 

ARTICLE XVI 

The congress shall have power to lay and collect taxes on incomes, 
from whatever source derived, without apportionment, among the 
several states, and without regard to any census or enumeration. 
Ratified, 1913. 

ARTICLE XVII 

The senate of the United States shall be composed of two senators 
from each state, elected by the people thereof, for six years; and 
each senator shall have one vote. The electors in each state shall 
have the qualifications requisite for electors of the most numerous 
branch of the state legislature. 

When vacancies happen in the representation of any state in the 
senate, the executive authority of such state shall issue writs of 
election to fill such vacancies : Provided, that the legislature of 
any state may empower the executive thereof to make temporary 
appointments until the people fill the vacancies by election as the 
legislature may direct. 

This amendment shall not be so construed as to affect the election 
or term of any senator chosen before it becomes valid as part of 
the constitution. Ratified, 1913. 



INDEX 



Absence of Members, 206 

Abstract Books, 40 

Academy, Military, 236; Naval, 236 

Adjournment, 114, 208 

Adjutant-General, 128 

Agricultural Society, State, 134 

Agriculture, U. S. Department of, 263 

Alaska, 286 

Albany Convention, 180 

Alien, Rights of, 96 

Ambassadors, Appointment of, 268 

Annapolis Convention, 183 

Appointments, by the President, 265 

Apportionment, 192 

Appropriations, National, 244 

Arms, Right to Bear, 292 

Army, 234 

Arrest, Freedom from, 210 

Articles of Confederation, 181 

Assembly, Right of, 96 

Assessor, 18 

Attainder, Bill of, 96; Forbidden, 243 

Attorney, City, 26 ; County, 42 

Attorney-General, State, 128; United 
States, 263, 272 

Auditor, City, 26 ; County, 36 ; State, 
125 

B 

Bail, Excessive, 95, 296 

Ballot, Australian, 100; Short, 101 

Banking, 166 

Bankruptcy Laws, 225 

Base Line, 6 

Bill of Rights, 91-97 

Blind, College for, 75 

Boards: Board of Control, 133; Edu- 
cation, 74 ; Educational Examiners, 
72 ; Examiners of Mine Inspectors, 
139; Geological Surveys, 140; 
Health, 136, In Townships, 17; 
Law Examiners, 139; Library 
Trustees, 140; Medical Examiners, 



139; Optometry Examiners, 139; 

Parole, 138; Supervisors, 34-36; 

Voting Machine Inspectors, 140 
Bonds, 141 ; United States, 220 
Bribery, Penalty for, 268 
Bureaus, United States, 261 



Cabinet Officers, Term of, 264 

Cadets 236 

Capital, State, 169 

Census, 193 

Chief Justice, United States Supreme 
Court, 272 

Circuit Court, 273 

Circuit Court of Appeals, 274 

Cities and Incorporated Towns, 23- 
31: Attorney, 26; Auditor, 26; 
Classification of Cities, 24; Officers, 
Compensation of, 27 ; City Manager 
Plan, 28 ; Commission Form of 
Government, 27 ; Council, 25 ; Mar- 
shal, 26; Mayor, 25; Municipali- 
ties Defined, Incorporation of, 23 ; 
Police Court, 27 ; Special Charter 
Plan, 29 ; Superintendent of Mar- 
ket, 27 ; Treasurer, 26 

Citizens, Relations of, 284 

Citizenship, 98, 298 

City Manager Plan, 28 

Civil Service, National, 265 

Civil Township, 12-22: Activities of, 
13; Assessor, 18; Clerk, 18; Con- 
stable, Duties of, 20 ; Contested 
Elections, 14; Duties of Officer;, 
18; Elections, 13; Importance of 
Good Roads, 16; Justices of the 
Peace, Duties of, 20; Names, 12 
Officers, 13; Persons, Protection of 
18; Poor, Relief of, 16; Property 
Protection of, 18; Trustees, 14 
Duties of, 19; Unit of Local Gov 
ernment, 12 



359 



360 



INDEX 



Clerk, County, 38 ; House of Repre- 
sentatives, 196 

Coinage, 225 
Coins, 226 

Colonial Congress, 180 

Commerce, Department of, 263 ; Re- 
striction of Prohibited, 244; United 
States, 221 

Commission Form of City Govern- 
ment, 27 

Commissions: State Highway, 137; 
Insane, 159; Pharmacy, 137; Rail- 
road, 135 

Committees, General Assembly, 118 

Community Center, 67. 

Condemnation Proceedings, 95, 294 

Congress, 190-248: Absence of Mem- 
bers, 206; Adjournment, 208; Con- 
current Resolution, 216; Discipline, 
206 ; Elections, 204 ; Freedom from 
Arrest, Freedom of Speech, 210; 
House of Representatives, National, 
190; Joint Resolutions, 215; Jour- 
nal, 207 ; Meetings, 205 ; Member- 
ship, 205 ; Mode of Making Laws, 
211-215; Powers of, 217-239; Pro- 
hibitions on, 242-248; Prohibitions 
on Members, 210; Privileges of 
Members, 209, 210; Quorum, 206; 
Revenue Bills, 211; Roll Call, 208; 
Rules, 207 ; Salary, 209 ; Senate, 
197; Special Sessions, 267; Voting, 
Methods of, 207, 208 

Congressional Districts, 171, 192. 

Congressional Township, 10 

Constable, Duties of, 20 

Constitution, Iowa, 81, 170, 309 

Constitution of the United States, 342 ; 
Amendments to, 290-303 ; Ratifica- 
tion of, 307 

Constitutional Convention, Iowa, 80; 
United States, 183 

Contested Elections, Township, 14 

Continental Congress, 181 

Copyright, 232 

Coroner, 43 

Corporations, 165 

Corporations, School: School Cor- 
porations, 59; School Township, 
59; Rural Independent Districts, 
60 ; City, Town and Village Inde- 



pendent Districts, 60 ; Consolidated 
Districts, 61 

Correction Lines, 10 

Council, City, 25 

Counterfeiting, 227 

Counties, New. 168 

County, 32-49: Abstract Books, 40 
Attorney, 42; Bond, Salary, 42 
Auditor, 36; Bond, Salary, 37 
Board of Supervisors, 34-36 ; Clerk 
38; Coroner, 43; County Seat, 33: 
Limit of Indebtedness, 168; Names 
33 ; Engineer, 43 ; Notary Public 
45 ; Number and Boundaries, 33 : 
Officers, 34; Recorder, 40; Sheriff, 
41 ; Treasurer, 37. 

County Superintendent, 68 ; Normal 
Institute, 69 ; Teachers Certificates, 
69; Appeals, 70; Report, 70 

Court of Claims, 275 

Court, Police, 27 

Court, Prize, 234 

Courts, State, 145-157: Courts Estab- 
lished, 145; District Court, 149; 
District Judges, 150; Grand Jury, 
153; Jurors, 153; Justice Court, 
145; Petit Jury, 154; Reports, 156; 
Selection of Jurors, 154; Superior 
Court, 149; Supreme Court, 150; 
Talesmen, 155 

Courts, United States, 271-280: Cir- 
cuit Court of Appeals, 274 ; Circuit 
Courts, 273; Court of Claims, 275; 
Jurisdiction, 278-280 ; Organization, 
271; Salaries of Judges, 277; Dis- 
trict, 275; Supreme Court, 271; Su- 
preme Court, District of Columbia, 
276; Territorial Courts, 277; Time 
and Place of Meeting, 277 

Criminal Cases, 93 

Critical Period of United States, 183 

Custodian of Public Buildings, 131 
D 

Dairy and Food Commissioner, 130 

Debt, Imprisonment for, 95 

Debts, National, 220; Assumed, 305; 
State, 165; War, 300 

Democracy, 178 

Dental Examiners, 136 

Des Moines, Made Capital of the 
.State, 84 



INDEX 



361 



Diplomatic Corps, 268 
District Court, State, 149; Iowa Re- 
ports, 156 
District Court, United States, 275 ; 
District Attorney, 275 ; Jurisdiction, 
280; Other Officers, 275; Salary of 
Judges, 277 
District Judges, State, 150 
District of Columbia, 238 ; Supreme 

Court of, 276 
Director of Weather Service, 132 
Dueling, 92 

E 
Education, 58-77 : Annual Meetings of 
School Boards, 61 ; Buildings and 
Grounds, 67 ; College for the Blind, 
75 ; Community Center, 67 ; Com- 
pulsory Education, 59; County Su- 
perintendent, 68 ; Normal Institute, 
Teachers' Certificates, 69 ; Appeals, 
Report, 70 ; Directors, Independent 
Districts, 61 ; Annual Meetings, 61 ; 
Powers, 62. Funds : Division of 
Funds, 63 ; Teachers' Fund, Con- 
tingent Fund, 64 ; Schoolhouse 
Fund, 65 ; Educational Board of 
Examiners, 72 ; Educational Oppor- 
tunities, 58 ; Institution for Feeble- 
Minded Children, 76 ; Iowa School 
for the Deaf, 76; Iowa State Col- 
lege, 73 ; Origin of Public School 
System, 58 ; School Corporations, 
59; School Township, 59; Rural 
Independent Districts, City, Town 
and Village Independent Districts, 
60 ; Consolidated Districts, 61 ; 
School Funds, 62 ; Apportionment 
of, 63 ; Local Tax, 63 ; School Li- 
braries, 65 ; State Board of Edu- 
cation, 74 ; State Teachers' College, 
74 ; State University, 72 ; Superin- 
tendent of Public Instruction, 70 ; 
Taxes Certified, 65 ; Vocational Ed- 
ucation, 65 
Education, State Board of, 74 
Educational Opportunities, 58 
Electoral College, 254 
Engineer, City, 27 ; County, 43 
Equity, 279 

European Rulers, Salaries of, 259 
Executive Council, State, 132; Pro- 



posed at Constitutional Convention, 
249 
Export Duty, 219 

Exports, Duties on Prohibited, 244 
Ex-Post-Facto Law, 96, 243 
Extradition, 285 

F 
Fines and Forfeitures, 169 
Fire Marshal, 132 
Fish and Game Warden, 131 
Freedom from Arrest, 210; Freedom 

of Speech, 210 
Funds, U. S., Public, Care of, 244 
Funds, School, 62 

G 
General Assembly, 111-121: Adjourn- 
ment, 114; Approval of Bills by 
Governor, 119; Committees, 118; 
Compensation, 113; Credentials of 
Members, 112; Freedom from Ar- 
rest, 115; Ineligibility, 116; Joint 
Convention, 120; Laws Effective, 
118; Laws General, 117; No Extra 
Compensation, 117; Oath, 112; 
Officers, 112; Privileges of Mem- 
bers, 115; Prohibitions, 118; Pun- 
ishment of Members, 116; Quorum, 
114; Readings of Bill, 1191 Right 
to Object, 115; Restrictions on 
Members, 116; Rules of Order, 
114; Sessions, 111; Special Pro- 
visions, 114; United States Sen- 
ator, 120; Veto by Governor, 119. 
Good Time Law, 161 
Government, National: Branches of, 
189; Departments of, 260; Ex- 
penses of, 219, 245; Executive 
Branch, 249; Judicial Branch, 271; 
Legislative Branch, 189; Limita- 
tions of, 297; Seat of, 238 
Governor, 122-124: Duties, 123; Elec- 
tion Returns, 122; Powers, 123: 
Qualifications, 122; Salary, 124; 
Veto Power, 119 
Great Seal, Iowa, 124; United States. 

261 
Guam, 287 

H 
Habeas Corpus, Writ of, 94, 242 
Half-Breed Tract, 82 
Hawaii, 286 



362 



INDEX 



High Seas, Jurisdiction Over, 233 

Highway Commission, State, 137 

Highways, Public, 15 

Historical Society, 138 

Horticultural Society, 135 

Hotel Inspector, 131 

House of Representatives, National, 
190-197 

House of Representatives, State, 106- 
109 

I 

Impeachment, Congress, 202-204 ; 
State, 111 

Indian Claims, 82 

Indictment, 154 

Industrial Schools, Iowa, 160 

Inebriates, State Hospital for, 159 

Insane, Hospitals for, 159 

Inspector: of Bees, 132; of Boats, 
132; of Illuminating Oils, 130 

Institutes, Normal, 68 

Insular Possessions, 287 

Insurrection, 289 

International Postal Union, 230 

Interstate Commerce Commission, 264 

Invasion, 289 

Iowa: Capitals, 83; Challenge of, 87; 
Constitution of, 81 ; Constitutional 
Convention, 80 ; Cultural Resources 
of, 86 ; Discovery of, 79 ; Early 
Settlers, 82; Great Seal of, 124; 
Half-Breed Tract, 82; History of 
Territory, 80 ; Indian Claims, 82 ; 
Iowa a State, 81 ; Iowa a Territory, 
80 ; Land Sale, 83 ; Love for Iowa, 
85 ; Material Resources of, 85 ; Na- 
tional Guards, 164; New Constitu- 
tion, 81 ; Old Constitution, 81 ; Set- 
tlement, 79; Song of Iowa, 78; Sur- 
vey in, 8 ; Territory, 80 

Iowa City, First Capital, 84 

Iowa Industrial School:, 160 

Iowa State College, 73 

J 

Joint Convention, 120 

Journal, 207 

Judicial Districts, State, 171 

Jurors, 153-156: Grand Jury, 153; 

Petit Jury, 154; Selection of Jurors, 

154; Talesmen, 155 



Jury Trial Guaranteed by Constitu- 
tion, 281, 295 
Justice Court, 145 
Justice, Department of, 263 
Justice, Fugitives from, 284 
Justices of the Peace, 20, 168 



Labor, Department of, 264 

Labor Statistics, Bureau o ( , 138 

Land Survey System, 6-11 

Lands, Lease of Farm, 97 

Law Suit, 146-149 

Laws, Effective, 118; General, 117; 

Enforcement of by President, 268 ; 

Mode of Making, 212-215; National 

Inspection, 247 
Legislative Power of Congress, 239 
Libraries, School, 65 
Lieutenant-Governor, 124 

M 

Madison Papers, 184 

Mail, Classes of, 229 

Market, Superintendent of, 27 

Marque and Reprisal, Letters of, 234 

Marshal, City, 26 

Mayor, 25 

Meridians, Principal, 6 

Message, President's, 267 

Military Academy, 236 

Militia, Iowa, 164 

Militia, National : Commander-in- 
Chief of, 237 ; Members of, 235 ; 
Organization, 237 ; Training, 238 

Mine Inspectors, 127 

Mints, United States, 225 

Monarchy, 177 

Money, Paper, 228 

Money Orders, Postal, 230 

Monroe City, Second Capital, 84 

Municipalities, 23 

N 

Nation, Supremacy of, 248, 305 

National Guards, 164 

Naturalization, 221-224: Declaration 
of Intention, 222 ; Effect, 224 ; Ex- 
ceptions, 224 ; Fees, 224 ; Petition, 
222; Suffrage, 224 

Naval Academy, 236 

Navy, 235 ; Department of, 262 



INDEX 



363 



New England Colonies, Union of, 180 

New States, Admission of, 285 

Nobility, Titles of Prohibited, 245 

Nomination of Candidates, 102 

Notary Public, 45 

O-P 

Oath, 112: Oath of Office, President, 
256 ; State and National Officers, 
306; Oath of Office, State, 168 

Panama Canal Zone, 287 

Paper Money, Kinds of, 228 

Parcel Post, 230 

Patents, 231 

Patriarchal Government, 177 

Penitentiary, 160-162 

Persons, Protection of, 18; Rights 
of, 91 

Philippine Islands, 287 

Piracy, 233 

Porto Rico, 287 

Postal System, 228-231: Adjustment, 
230 ; International Postal Union, 
230; Parcel Post, 230; Postal 
Money Orders, 230; Post Roads, 
231 ; Rates of Postage, 229 

Postmaster, National House of Rep- 
resentatives, 197 

Postmaster-General, 262 

Postoffice Department, 262 

Post Roads, 231 

Powers of Congress, 217-239 

President Pro Tempore, 124, 202 

President, United States, 249-268: 
Choice of Candidates, 252 ; Choice 
of Electors, 252; Duties, 267, 268; 
Election, 251-255; Election by 
House of Representatives, 255 ; 
Electoral College, 254; Expenses, 
259; Message, 267; Number of 
Electors, 253; Number of Terms, 
250; Oath of Office, 256; Powers, 
259; Presidential Primaries, 253; 
Presidential Succession, 257 ; Quali- 
fications, 255 ; Removal from Of- 
fice, 268; Salary, 259; Summary of 
Election, 253; Time of, 253 

Presidential Primary, 103, 253 

Presidential Succession, 257 

Primary Elections, 102 

Privileges of Members: General As- 
sembly, 115; Congress, 209 



Prohibitions on Congress, 242-248 ; on 
Members of General Assembly, 118 

Property, Protection of, 18; United 
States, 238 

Public School System, 58 
Q-R 

Quorum, 114, 206 

Railroad Commissioners, 135 

Range Lines, 8 

Ranges, 8 

Ratio of Representation, 194 

Rebellion, Effects of, 300 

Reconstruction, 298 

Records: County, 40; State, 283 

Reformatory, 160 

Registration, 99 

Religious Test, 92 

Representative Districts, 171 

Representatives and Direct Taxes, 193 

Representatives at .Large, 194 

Republic, 178 

Republican Government Guaranteed 
States, 288 

Residence, 99 

Resolutions, 216, 215 

Restrictions Upon States, 246 

Revenue Bills, 211 

Revenue, Internal, 219; State, 247 

Right to Assemble, 96 

Right to Vote, 97 

Rights Guaranteed, 90 

Rights Reserved, 97 

Roads, Importance of Good, 16 

Roll Call, 208 

Rules of Order: Congress, 207; Gen- 
eral Assembly, 114 
S 

Search, Unwarranted, Prohibited, 293 

Secretary of State, Iowa, 125 

Secretary, National : Agriculture, 263 ; 
Commerce, 263 ; Interior, 263 ; La- 
bor, 264; Navy, 262; State, 261; 
Treasury, 261 ; War, 262 

Section, Divisions of, 9 ; in a Town- 
ship, 8 

Senate, State, 109-111 

Senate, United States, 197-204 

Senatorial Districts, 109, 171 

Sentences, Indeterminate, 162 

Sergeant-at-Arms, 196 

Service, Fugitives from, 285 



364 



INDEX 



Sessions, General Assembly, 111 

Sheriff, 41 

Slavery: Abolished, 298 ; Importation, 
242; Prohibited in Iowa, 97 

Soldiers' Home, 158 

Soldiers' Orphans' Home, 158 

Soldiers, Quartering of, 292 

Song of Iowa, 78 

Speaker, National, 196; State, 112 

Special Charter Plan, 29 

Special Taxes, 55 

Speech, Freedom of, 115, 210; Lib- 
erty of, 92 

State, Department of, 261 

State Librarian, 129 

State Printer, 129 

State Records, 283 

State Revenue, 247 

State Sealer of Weights and Meas- 
ures, 127 

State Teachers' College, 74 

State University, 72 

States, Admission of New, 285 

States, Restrictions Upon, 246 

Suffrage, 97-107; Registration, 99; 
Residence, 99 ; Right to Vote, 97 ; 
Short Ballot, 101 

Superintendent Public Instruction: 
Appointment, 126; Reports, Sal- 
ary, 71 

Superior Court, 149 

Supervisors, Board of County, 34-36 

Supreme Court, District of Columbia, 
276 

Supreme Court, State, 150-152: Com- 
position of, 150; Officers, 152; Or- 
ganization, 151 ; Powers and Du- 
ties, 151 

Supreme Court, United States, 271 : 
Attorney-General, 272; Chief Jus- 
tice, 272; Jurisdiction of, 279, 280; 
Retirement of Justices, 272; Salary, 
277; Tenure of Office, 272 

T-U 
Table of Districts, 173-175 
Talesmen, 155 
Tariff, 218; Income, 218, 302 



Tax, Local School, 65 

Taxation, 50-57 

Taxes: Authorized by Constitution, 
217; Direct, 193, 217, 243; Indirect, 
218; School, Certified, 65 

Teachers' Certificates, 69 

Tender, Legal, 226 

Territorial Courts, 277 

Territory, Change of to a State, 287 

Towns, Incorporated, 23-31 

Township, 8: Civil, 12-22; Congres- 
sional, 10; Township Lines, 8 

Treason, 95, 268, 280, 281 

Treasurer: City, 26; County, ?>7 ; 
State, 126; United States, 261 

Treasury, Department of, 261 

Treaties, 265 

Trustees, Township, 14 

Tuberculosis Sanitarium, 159 

Tutuila, 287 

Uniform Laws, 92 

Union, Attempts to Form a, 180-185 

Union of New England Colonies, 180 

United States Senator, Election of, 
120, 302 

United States, Territorial Growth of, 
286 

V-W-Y 

Vacancies, How Filled : Congress, 
195, 199; by President, 266; State, 
141 

Venue, Change of, 147 

Veterinary Surgeon, State, 128 

Veto: by Governor, 119; by Presi- 
dent, 214; Pocket Veto, 215 

Vice-President: Election of, 250-254; 
by Senate, 255 ; Presides Over 
Senate, 201 ; Qualifications, 256 

Vocational Education, 65 

Voters, Privileges of, 99; Qualifica- 
tions of, 98 

Weights and Measures: Established 
by Congress, 227 ; State Sealer or, 
127 

War, Declaration of, 233; Department 
of, 262 

Yeas and Nays: Congress, 208; Gen- 
eral Assembly, 116 



